MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice J. I. Nweze delivered on the 30th day of May, 2008 at the Anambra State High Court, Idemili Judicial Division sitting at Ogidi, Nnewi (hereinafter called the Lower Court). The parties had a dispute over the ownership of a piece or parcel of land.
HISTORY OF THE CASE.
The suit was originally commenced at the Anambra State High Court, Idemili Judicial Division, sitting at Ogidi, vide a writ of summons dated and sealed on the 3rd day of May, 2004 on behalf of the plaintiffs (now respondents in this appeal). The plaintiffs/respondents by the said action prayed the Lower Court for the following reliefs:
?(a) An order of the Court ordering the defendant to forefeit the land given to his father on which his father built a home for the refusal of the defendant to pay tributes (IruAni) as a customary tenant.
(b) A declaration of the Court that the plaintiffs are the owners o…