C. IDIGBE, J.S.C.(Delivering the Leading Judgment): This is an appeal from the judgment of Ikpeazu, J., given on the 22nd day of November, 1971, by which he decided in favour of the respondents on their claims of title to land, damages for trespass and perpetual injunction. The basis of the appeal before us is that the appellants contend that it was not open to the learned trial Judge to entertain the suit there being patent lack of jurisdiction in the High Court of East Central State to sit in judgment over claims in respect of land lying and situate in the Rivers State. It is also contended that the learned Judge erred in law in giving judgment to the respondents for themselves and on behalf of the people of Umuagbai when:
"(a) the plaintiffs (i.e the respondents) were never granted leave to sue in a representative capacity;
(b) the evidence presented on the record in support of an application for an order for leave to sue in a representative capacity (which was never made) was that…