BENEDICT AGWUNEDU & ORS. V. CHRISTOPHER ONWUMERE

MOHAMMED, J.S.C. (Delivering the Leading Judgment): In a representative action, instituted and filed in the High Court of East Central State of Nigeria, (now Imo State) the respondent, in the appeal, claimed against the appellant as follows:

"1. Declaration of title to that piece or parcel of land known as and called 'Ala EMENAUGHA' situate at Unuoke Owerre Nkwoji in Nkwerre Division within the Orlu Judicial Division and more particularly shown and delineated on the plan No. E/GA834/76 verged pink and filed with the statement of claim with the annual value of N10.00 (ten naira).

2. N2,000.00 (two thousand naira) general damages for trespass into plaintiff's Ala Emenaugha.

3. Perpetual injunction to restrain the defendants servants/agents from further acts of trespass to the said land."

Pleadings were called, filed and duly exchanged. Mr. Christopher Onwumere gave facts of his claim against the appellants, in his evidence in chief, before the trial High Court. He told the court that h…