ONYEDINMA EKEKWE & ANOR. V. ARIWA N. AMAJUOYI & ANOR.

NSOFOR, JCA (Delivering the Leading Judgment): This is an appeal from the decision of the Umuahia High Court of Imo State, but now of Abia State of Nigeria in suit No. HU/14/82 on the 20th of February, 1987.

The plaintiffs, herein the respondents, by their writ of summons had H claimed as per paragraph 15 of the statement of claim as follows: “15. Wherefore the plaintiffs claim from the defendants jointly and severally as follows:-

Declaration by the court that the plaintiffs and members of their Amajuoyi family of Eheme, Umuopara, Umuahia are entitled to the customary possession or otherwise of all that piece or parcel of land situate at the place known and called “ Okpulo-I siukwu ” in Eheme village, Umuopara, Umuahia within the jurisdiction of the Umuahia Judicial Division and whose annual value is N10.00.

N1,000 (One thousand Naira) being damages for trespass by the defendants some time in 1981.

Perpetual injunction restraining the defendants from further entry upon or interference in…