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RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): This is a land case. Three suits to wit: HU/26/76, HU/45/76, and HU/52/79 were consolidated and heard by D. E. Njiribeako, J. sitting in the Imo State High Court, Umuahia Judicial Division.
The respondents were the plaintiffs in suits Nos. HU/26/76 and HU/52/79 and the defendants in suits No. HU/45/76. The dispute was land in Amankalu, Alayi Bende Local Government Area within the Umuahia Judicial Division.
In the three suits consolidated both sides claim declaration that they are the customary occupant of the land in dispute, special and general damages for trespass and injunction.
After hearing the parties the learned trial Judge entered judgment in favour of the plaintiff/respondents.
Dissatisfied with the judgment of the learned trial Judge the defendants appealed to this court.
Briefs of argument were duly filed and exchanged by counsel representing the parties in this appeal.
In his brief, learned counsel for the appellant formul…