<p><strong>KUMAI BAYANG AKA&#x27;AHS, J.S.C. (Delivering the Leading Judgment):</strong> This appeal is a very rare bird to fly at this altitude. The suit which gave rise to the appeal was instituted by the plaintiff now respondent against the defendants/appellants in the Customary Court at Awkunanaw in Suit No.AWK/3/97. His claim was for:</p><p> (a) Declaration of title to a customary right of occupancy to a piece or parcel of land known as and called &#x27;ALA AGU AKPASHA&#x27; which is situate at Akpasha Atugbuoma in Akegbe Ugwu Nkanu West Local Government Area of Enugu State.</p><p> (b) Court injunction restraining the defendants, their agents, servants and relations from further trespass into the said land until the matter is disposed of.</p><p> The defendants denied the claim. Each of the parties presented their case and called three witnesses a piece. The Customary Court in reviewing the evidence found the witnesses called by the plaintiff to be more credible than those who testified for the defendants and entered judgment in favour…</p>