LEONARD ERONINI & ORS. V FRANCIS IHEUKO

OBASEKI, J.S.C. (Delivering the Leading Judgment): The respondent was the plaintiff suing in a representative capacity and the appellants were the defendants sued in a representative capacity in suit No. HOW/75/75 in the High Court East Central State of Nigeria sitting at Owerri on the 12th day of May, 1975. In that suit, the plaintiff claimed:

"(a) declaration of title to all those parts (sic) or pieces of land in Ebom Eburi known as and called Abo-Nkwu, Uhu Ogwugwu, Ukwu-Uzi and Ikpa respectively. The annual value of the lands is estimated at N5.00

(b) N400.00 damages for trespass:

(c) perpetual injunction restraining the defendants their agents, and servants from further trespass to the land in dispute."

The matter came up before Ikpeazu, J. on the 9th of June, 1975 and the writ being served and parties present, he ordered pleadings to be filed and served. This was before the East Central State was split into two smaller states in 1976, named Anambra State and Imo State. On the cre…