ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of Imo State High Court in Suit No. HOR/46/99, delivered on 24th September, 2013 by Hon. Justice L.C. Azuama, wherein His Lordship dismissed the claims of the Plaintiffs, (now Appellants) on the grounds that their evidence was manifestly contradictory, inconsistent and unreliable.
At the lower Court, Appellants had sought the following reliefs, in a representative action, as per their 2nd Further, Further Amended Statement of Claim:
(a) A declaration that the Plaintiffs are entitled of the Customary Right of Occupancy of the part of Akputara Land shown verged PINK on the Plaintiffs litigation plan.
(b) An Order of forfeiture against those of the Defendants whose houses are in the area verged RED of the Plaintiffs Akputara land.
(c) General damages for trespass assessed at one Million Naira.
(d) An Order of perpetual injunction restraining the Defendants by themselves, agents, servants and/or pr…