NATHANIEL ONWUKA AJERO & ANOR. V. BERNARD UGORJI & ORS.

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In their Amended Statement of claim the Plaintiff's claims against the Defendants jointly and severally, it reads as follows-

"(a) A declaration of title to those certain THREE pieces or parcels of land known as and called ISIUGWU, ISIMKPA AND UZI situate at Ubaha Nsulu, Northern Ngwa Division, the annual value whereof is N30,00 (Thirty Naira):

(b) N2, 000.00 (Two Thousand Naira) being special and general damages for the acts of trespass committed by the Defendants on the said lands since the 22nd day of July, 1974 and;

(c) Perpetual injunction to restrain the Defendants by themselves, by their servants, agents and otherwise from committing further acts of trespass on the said parcels of land."

Pleadings were ordered, filed and exchanged. Thereafter the case proceeded to trial. At the trial two witnesses testified for the Plaintiffs. The Defendants who were served with the hearing notices consistently absented themselves from co…