EDOZIE, J.S.C. (Delivering the Leading Judgment): This appeal arose from a land dispute between the three original plaintiffs who in a representative capacity sued as representing members of Ihitte Community of Egbuoma in the Ohaji/Egbema/Oguta L.G.A. There was only one original defendant who was sued in his personal capacity.
Proceedings were commenced in the High Court of Imo State sitting in Oguta where pleadings were ordered, filed, exchanged and subsequently amended with the plaintiff's further amended statement of claim and the defendants' amended statement of defence as the terminal pleadings on which the case was contested. As formulated in paragraph 17 of their pleadings, the reliefs sought by the plaintiffs against the defendants are:
"(1) A declaration that the plaintiffs are entitled to the customary right of occupancy to a piece of parcel of land known as and called "ALA Ogbutu" situate at Egbuoma in the Ohaji/Egbema/Oguta Local Government Area within the Oguta Judicial D…