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IRIKEFE, J.S.C.: The parties to this case claimed title to the disputed land by two separate suits, which were subsequently consolidated. At the end of the trial in the court of first instance before Ogwuegbu J. then of the Owerri High Court, the learned judge awarded a decision in favour of the appellants now before us in the following words:
"I therefore give judgment for the plaintiffs for a declaration of title to the land verged pink in exhibit "A" and order the defendant to collect N2 being the redemption fee deposited with D.W.3 in 1971. It is hereby ordered that the defendant his servants or agents be restrained from entering on the land verged pink in exhibit "A" or interfering with the plaintiffs in the exercise of their rights as owners thereof. The defendant's claim in Suit No. HOW/93/71 is hereby dismissed. N100.00 costs to the plaintiffs."
Being aggrieved by the above decision the respondent herein appealed to the Federal Court of Appeal and before that court the respond…