JAMES OGENYI OGEBE, J.C.A (Delivering the Leading Judgment): The respondents sued the appellants in Owerri High Court in a writ of summons as follows:
"1. A declaration that the plaintiffs are entitled to the customary right of occupancy to that piece or parcel of land known as and called "Okpe Nwedo" situate at Mgbolu Okwukwu within the Owerri Judicial Division with an annual value of N10.00 (ten naira).
N1, 000.00 (one thousand naira) damages for trespass.
3. Perpetual injunction restraining the defendants, their agents, servants or workmen from committing further acts of trespass on the said land."
Pleadings were exchanged and amended and the trial commenced on the 10th day of June, 1993. At the trial the first respondent testified as PW3 and nine other witnesses testified on behalf of the respondents. The first appellant testified as DW5 and seven other witnesses testified on behalf of the appellants.
The gist of the respondents' claim as borne out by their pleadings and evidence …