PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Imo State contained in the judgment of NGOZI OPARA. J. sitting at MBAITOLI/IKEDURU Judicial Division delivered on 30th day of November, 2011.
I think it is apposite to state in brief facts relevant to the determination of the sole issue raised for determination in this Appeal.
The Appellants for themselves and on behalf of members of ANOSIKE family Umueleke, Umuoshim, Umunjam Mbieri, Mbaitoli Local Government Area of Imo State as Claimants at the lower Court sought for Declaration and injunctive reliefs against the Respondents as Defendants as follows:-
"(a) A declaration that the Plaintiffs are entitled to the grant of a Customary Right of Occupancy over and in respect of Oboro land hereinafter called the land in dispute which lies and situates at Umueleke, Umuoshin Umunjam, Mbieri within the Honourable Court's jurisdiction.
(b) A declaration that the Plaintiffs' fam…