HUMPHRYAKUSOBI ALEXANDER OHAJIANYA ORISAKWE DURU REUBEN ANAMEGBE MADUAKKO OSIGWE ADIMEKWE IZUEGBU GODIAN OGUERI (FOR THEMSELVES AND AS REPRESENTATIVES OF THE UMUCHOKE COMMUNITY OF DIKENAFAI IN THE IDEATO SOUTH LOCAL GOVERNMENT AREA OF IMO STATE) V. AUGUSTINE OBINECHIE PATRICK OKWARA ADULPHUS UBAWUIKE RICHARD AGANOSI GREGORY NWAOGU GODWIN ANYANWU (FOR THEMSELVES AND AS REPRESENTATIVES OF THE UMUABO COMMUNITY OF DIKENAFAI IN THE IDEATO SOUTH LOCAL GOVERNMENT AREA OF IMO STATE)

AKPIROROH, JCA(Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Imo State sitting at Nkwerre/Isu delivered on 15th August, 1996. The plaintiffs’ claims in the lower court are as follows: “(a) A declaration that the defendants are not descendants of Nchoke the founder of the Umuchoke Community of Dikenafai in the Ideato Local Government Area of Imo State and as such that the defendants are not members of the Umuchoke Community aforesaid.

A declaration that all those pieces and parcels of land known as and called “ Ala Isiobi Akusobi”, Ala Isiobi Amaechi” and “Ala Ngabla Onyewuchi” form part of larger pieces and parcels of land all lying and situate at Ndiabo Umuchoke Dikenafai in the Ideato Local Government Area of Imo State over which members of the plaintiffs Ndiabo Umuchoke are entitled to customary right of occupancy to the exclusion of the defendants. Injunction perpetually restraining the defend ants by themselves, their agents and or …