EJIWUNMI, J.S.C. (Delivering the Leading Judgment): The main issue that has arisen in this appeal is whether the disputed land was pledged land when it was sold to the respondent by the 1st appellant.
The proceedings that led to this appeal commenced in the High Court of Imo State when the plaintiff/respondent took out a writ against the defendants/appellants. The claims of the respondent were for a declaration of title to land, damages for trespass, and an order of perpetual injunction restraining the appellants by themselves, their servants and agents from entering the said land. Following the order of the trial court, pleadings were filed and exchanged. At the trial that subsequently took place, the parties gave oral and documentary evidence in support of their respective cases. In a nutshell the case of the respondent/plaintiff was that he purchased three pieces of land known as Ala Ikpa Anyanwu and situate at Umuarighi Umuezeala-Ama from the 1st appellant. The said pieces of lan…