REUBEN JAPHET CHUKWUNWEIKE ILUK WE ERIC OBI OBECHE UMENYILORA JOEL OFOZOBAOBI (SUBSTITUTED FOR ORAFU UDEGBUNAM BY THE ORDER OF THE COURT ON 19 APRIL 2010 FOR THEMSELVES AND ON BEHALF OF OJOBI VILLAGE, UMUNYA) V. OLIVER OKEKE NZEKWENWAKASI (FOR THEMSELVES AND ON BEHALF OF THE MEMBERS OF IGBUALA VILLAGE, IFITE-DUNU)

AGIM JCA (Delivering the Lead Judgment): On 7 June 1982, the respondents herein as plaintiffs commenced suit No. A.76/ 82 by a writ of summons in the High Court of Anambra State in the Awka Judicial Division against the appellants herein as defendants. The plaintiffs filed three statements of claim as follows -the initial statement of claim dated and filed on 29 June 1983, amended statement of claim dated 12 August 1996 and filed on 28 October 1996, a further amended statement of claim dated 4 May 2004 and flied on 5 May 2004, and further amended statement of claim dated and filed on 11 May 2007. The defendant filed two statements of defence as follows- statement of defence dated 30 December 1983 and filed on 27 January 1984, and amended statement of defence dated 2 July 2007 and filed on 4 July 2007.

The plaintiffs in their writ of summons and paragraph 18 of the further amended statement of claim, claimed for the following reliefs - A declaration that the plaintiffs are the people …