UZOR IDIKA & ORS. V. NDUKWE ERISI & ORS.

OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the order of retrial made by the Court of Appeal after hearing and allowing the appeal to it from the judgment of the High Court of Justice of Anambra State holden at Afikpo (Uche, J.) in suit HAF/2/78.

The claim before the High Court was for:

"(1) Declaration of title to all the piece or parcel of land known as and commonly called 'Ogboi' situate at Libolo Ekoli Edda in Afikpo Local Government Area within jurisdiction and more clearly shown in Plan to be produced at the hearing of the claim:

(2) N800.00 (Eight hundred Naira) damage for trespass committed by the defendants on the said land;

(3) Perpetual injunction restraining the defendants their agents or privies from entering or in any manner interfering with the land without the authority of the plaintiffs."

The Plaintiffs sought and obtained the order of the court to sue in a representative capacity. Thereafter, the parties on the order of the court filed …