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OLATAWURA, J.S.C. (Delivering the Leading Judgment): This appeal raises two issues of significant importance about pleadings and evidence. It will be seen in the course of the judgment that a party who asserts must prove the assertion if he wants the Court to find in his favour.
The appellants who were plaintiffs instituted an action in the High Court of Amawbia/Awkwa Judicial Division in the then old Anambra State of Nigeria, but which as a result of creation of new States, still falls within a new State called Anambra State and claimed from the respondents, then defendants, as follows:
"(a) A declaration that the plaintiffs are entitled to the Customary rights of occupancy of all that piece and parcel of land situated at Umuomaku as contained in Plan No.ECAS/57/80.
(b) N600.00 damages for trespass.
(c) Forfeiture of the Area granted the defendants by the plaintiff's ancestors as contained in the area verged green in Plan No.E/GA298/64 in Suit No.54/64 and recovery of possession of sā¦