EZEKIEL EMENIMAYA & ORS. V. OKPARA OKORJI & ANOR

KAWU, J.S.C: (Delivering the Leading Judgment): This appeal relates to two actions which were consolidated and tried together in the High Court, Ahoada.

The first action, suit No.AHC/4/73 was instituted by the appellants herein as plaintiffs, against the respondents, claiming as follows:

"(a) declaration of title to all that piece or parcel of land situate at Odiemerenyi Village, Ahoada Division, known as and called "OKPUDOR" which will be clearly defined in a plan to be filed in this suit.

(b) N600.00 (Six hundred Naira) as general damages in that in the month of April, 1973 the defendants broke and entered the said land of Plaintiffs to farm thereon by planting cassava and cocoyams.

(c) perpetual injunction restraining the defendants their servants and/or agents or privies from any act of trespass or in any way interfering with the plaintiffs' use or enjoyment of the said land."

The second action suit No. AHC/9/75 was instituted by the respondent against the appellants in the same…