JAMES ENYINNAYA (FOR AND ON BEHALF OF UMUHIKEOBIDE UMUODUOKEHI UMUAPU OHAJI) V. CHIEF CALLISTUS OTIKPO & ANOR

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): The Appellant, as plaintiff at the trial Customary Court, in suit NO. CC/HJ/22/2006 sued the Respondent' (as defendants), claiming:

a) "A Declaration that Plaintiffs are entitled to the grant of customary right of occupancy to the land in dispute known as and called "Ala Mbi Umuchikobike" situate at Umuodukehi Umuapu, Ohaji.

b) An order for forfeiture of the land in dispute.

c) Perpetual injunction restraining the defendants, their servants, agents privies and others, howsoever described, from further entry into the land in dispute" (see pages 127 - 128 of the Records of Appeal).

The Respondents, also as Plaintiffs, claimed against the Appellant (as Defendant) in suit No. CC/HJ/17/2008, seeking:

a) A Declaration that the Plaintiffs are entitled to the grant of customary right of occupancy to the land in dispute known as and called "Oku Igbo or Okwu Okpu" situate at Umugwehie, Umuapu.

b) An Order of forfeiture of the land in dispu…