GABRIEL DURUOSHIMIRI (FOR HIMSELF AND ON BEHALF OF ONWUZURIKE FAMILY OF UMUEZE OROGWE) V. JOSEPH DURUODUNZE JERUWA DURUODUNZE SUNDAY DURUODUNZE ISAAC UWANEDO MICHAEL ANUZIEM

PATS-ACHOLONU, JCA (Delivering the Lead Judgment): The plaintiff/appellant brought an action in a representative capacity in the lower court for a declaration of title, damages for trespass and perpetual injunction against the defendants/respondents in respect of the land called “UZO NWAIRETTE”. The appellant has in this suit claimed that he, the 1st and 2nd respondents had common ancestor called OBARA NGOMA and averred that the land in dispute between the parties belongs now to the plaintiff by way of inheritance from his forefathers who farmed and harvested the economic trees on the land without any interuption. He said that during his lifetime, his grandfather Duruoshimiri farmed on the land and that Duruoshimiri gave a portion of the land to his adopted brother Nzimako i.e. the Western portion. The lst and 2nd defendants were accordingly joined in the action because it was said they accompanied the 3rd, 4th and 5th defendants/respondents to enter the land and caused the damage t…