SAMUEL CHUKU V. JAMES WUCHE

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appellant and the respondent in this appeal were the defendant and plaintiff respectively in the lower court in a suit which the plaintiff, representing the Ogbuji family, claimed declaration of title to a portion of land known and called "Ali ogbuji" land situate at Elelenwo in Obio in the Rivers State. A further relief was sought for an order of permanent injunction restraining the appellant from interference with the respondent's use of the land. The case was tried at the High Court of the Rivers State sitting at Port Harcourt by Allagoa, J. (as he then was) and in his judgment he set out the issues joined in the pleadings of the parties thus:

"(1) Whether as plaintiff maintains the land in dispute belongs to Ogbuji Family or as the defendant says, it is communal property of Ngwomati, and if it is Ogbuji family land whether there can be a reversion.

(2) Whether or not Paul Chuku from whom the defendant claims his title w…