RAYMOND EZE V. BETRAM ENE

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the defendants before Enugu High Court claiming a declaration of title to the disputed piece of land, damages for trespass and injunction. The suit was filed as far back as June 1977. Pleadings were exchanged by the parties and the matter went for trial before 3 distinct judges who could not hear the matter to the end. Eventually the case was heard by P.K. Nwokedi CJ (as he then was).

The facts of the case are as briefly as follows:

The Plaintiff brought the suit for himself and as representing his family called Umuonuigbo Eze. The Defendants also were sued for themselves and as representing their family called "Umunevoali. The parties are from Idedu quarter of Amokwe in Udi Local government Area of Enugu State.

The claims of the Plaintiff are:-

"1. A declaration that the land in dispute belonged to them and that they were entitled to the customary right of occupancy over same.

2. The sum of N1,000.00 (On…