VICTOR AIMEPOMO O. OMAGE, J.C.A. (Delivered the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Enugu State, Coram I.A. Umezulike delivered on 20th November 1996. The appeal went to the High Court, upon an appeal from the Iwollo Customary Court which held at Iwollo in suit No.CC1/11/87. In the suit in the customary court, the plaintiff now appellant in this court claim thus:
"(1) Declaration that the plaintiff on behalf of Umuezechi Mbanamba Ndibinagu Iwollo is entitled to a customary right of occupancy over a piece of land called Ofufe Mbanamba situated at Iwollo.
(2) An injunction to prevent the defendant, their agents or servants for (sic) further entry into the said land."
The claim went before the said customary court and after a visit to the locus-in-quo it delivered judgment as follows:
"(1) That the Ofufe shrine was erected by the forefathers of the plaintiff many generations ago, and they were worshipping it annually to date.
(2) That …