MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State sitting in Isiaka judicial division delivered on 19th December, 2014, wherein the trial Court granted all the respondents’ reliefs.
By a writ of summons and statement of claim filed on 07/10/2005, the respondent as plaintiff before the lower Court claims against the appellants herein as follows:-
(i) A declaration of the Honourable Court that plaintiffs are entitled to the customary right of occupancy to that piece or parcel of land known as and called “IYIOJIMINI” situate at Amaogbu, Mgbede, Akaeze-Ukwu, Akaeze Local Government Area within the jurisdiction and of the annual rental value of One Hundred Naira.
(ii) The sum of N5,000,000.00 (Five Million Naira) as general damages on the footing of aggravated damages for trespass into the said land.
(iii) A perpetual injunction restraining the defendants by themselves their servants, agents, privies or w…