TABAI, J.S.C: (Delivering the Leading Judgment): This suit was initiated at the Customary Court of Imo State holden at Nnenasa, Isu Local Government Area of Imo State on or about the 9/6/92. The plaintiff therein is the Respondent in this appeal and shall herein after be simply referred to as the respondent. While the defendants therein are the appellants herein and shall herein after be simply referred to as the appellants. The respondent sued for himself and as representing the Mbagwu family of Umuduru Ekwe Isu Local Government Area.The substance of the claim was for a declaration that he and his Mbagwu family were entitled to the Customary Right of Occupancy over the land in dispute. He also claimed for perpetual injunction and N1,000.00 damages for trespass.
The trial involved the testimony of a number of witnesses from both parties. The Court also visited the locus in quo. By its judgment on the 30/1/95 the trial Customary Court allowed the claim and granted the declaration and …