EZEKIEL EZINWA & ANOR V. EMMANUEL AGU & ANOR

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Okadigbo, J., delivered at the High Court of Justice Enugu, then in the old Anambra State of Nigeria on 29th March, 1988. The learned trial Judge dismissed the plaintiffs' claim. They felt dissatisfied and have, ex debito justitiae, appealed against the judgment to this court.

The plaintiffs' claim before the trial court can be seen in paragraph 23 of their statement of claim which reads as follows:

"23. Wherefore, the plaintiffs claim against the defendants jointly and severally as follows:

(a) Declaration of a customary right of occupancy to the piece or parcel of land known as and called 'Aniokpa Ajaezi Umuokpalla' situate at Agballenyi Nachi and more particularly delineated in survey plan No. EP/AN/2132 LD and verged blue filed with this statement of claim.

(b) N28,000.00 damages being:

(i) N8,000.00 special damages for the destroyed building.

(ii) N20,000.00 general damages.

(…