ELEKW AUWA ANERO & ORS V. EBURUNOBI EZE & ORS

OGUNDARE, J.S.C. (Delivering the Leading Judgment): This is a further appeal by the defendants from the judgment of the Court of Appeal (Enugu Division) where by a majority decision (Phil-Ebosie, J.C.A. and Olatawura, J.C.A. as he then was with Ogundere, J.C.A. (dissenting) the defendants' appeal from the judgment of the High Court of Rivers State (Allagoa, J., as he then was) was dismissed. The plaintiffs' representing the Umualika family of Umueze-Umuogba, Etche in Ahaoda Division, had in an action instituted in 1971 sued the defendants as representing the Umukikpe family of Umueze-Umuaogba claiming as per. Paragraph 9 of their statement of claim:-

"(a) Declaration of title to the said piece of land known as and called 'Ama-Ogwugwu' .

(b) 200 (Two hundred pounds) (N400.00) damages for trespass.

(c) An order of injunction permanently to restrain the defendants, their servant and agent from further acts of trespass into the land aforesaid. "

Pleadings having been filed and exchanged,…