EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 1-12-1988, the respondents herein as plaintiffs filed a claim and caused the issuance of a writ of summons on the same day in the High Court of Anambra State at Amawbia/Awka Judicial Division commencing Suit AA/173/88 against the appellants as defendants.
The plaintiffs claimed for-
(a) A declaration that they are entitled to customary right of occupancy of the piece or parcel of land known as and called "Ugwu Aro" situate at Umudunu, Abagana.
(b) 50,000.00 damages for trespass committed on the said land on the 7th of April, 1988
(c) Injunction restraining the defendants, their servants, agents and privies from further trespass on the land.
The case was tried on the basis of the following pleadings 3rd further amended statement of claim and 4th further amended statement of defence.
The plaintiffs adduced evidence through 5 witnesses in support of his claim. The defendants adduced evidence through 6 witnesses to rebut the pl…