<p>ISAIAH OLUFEMI AKEJU, J.C.A.: </p><p> This appeal is against the judgment of the High Court of Anambra State Awka Judicial Division delivered on 2/3/09 in respect of suit No. A/180/2004 instituted by the appellants as plaintiffs for the reliefs averred in paragraph l9 of the Statement of Claim filed on 28/7/07 as follows:-</p><p> (a) A declaration that subject to the provisions of the Land Use Act 1978, the land in dispute known as &quot;Agu Obuno land&quot; is the joint communal property of the plaintiffs and the defendants and the rental value of which is N200.00.</p><p> (b) An order that the said land be partitioned into two equal parts between the parties hereto.</p><p> The respondents as the defendants filed their Statement of Defence which they subsequently amended as in the Amended Statement of Defence filed on 19/7/07. At the trial, each of the parties called one witness and after the adoption of the written addresses by the two learned Counsel, the trial court dismissed the suit, …</p>