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E. O. OGWUEGBU, JSC (DELIVERING THE LEADING JUDGMENT): The appellants were defendants in the High Court of the then Anambra State holden at Awka. They were sued by the respondents who were plaintiffs in the said court. The respondents on record brought the action for themselves and as representing the members of Ezeugo sub-family of Umu Eze Family in Adazi-Ani, Anambra State.
The appellants were sued in their personal capacities.
In paragraph 18 of the statement of claim, the respondents claimed from the appellants jointly and severally as follows:-
"(a) Declaration of title under Customary Law to the plaintiffs' pieces or parcels of land known as Ezeugo lands situate in Umueze family of Adazi-Ani and clearly shown on the Plan E/GA.1054/75;
(b) ₦200.00 (two hundred naira) damages for trespass;
(c) Perpetual injunction restraining the defendants, their servants and/or agents from further entry into the said land."
The action was tried on pleadings filed and exchanged by both parties. After h…