THOMAS NRUAMAH SAMUEL MADUABUM ANADUMAKA NNEDENU EZEIKEBULU UFONDU JOHN ONUORA V. REUBEN EBUZOEME PIUS OGUONU ONWUBUFO IGWEATU NDIOGALU NWAJA AUGUSTINE NWAGBO EGBULONU IGWEGBE CHUKWUDUMOGU MOGBO NWACHUCKWU IGWILO ASOMBAM NGOKA JAMES MOGBO

ARIWOOLA JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Enugu Division of the Court ofAppeal, delivered on 13 July 2005. The appellants herein were the plaintiffs at the trial court in suit No. HN/22/76 instituted in a representative capacity at the Nnewi Division of the Anambra State High Court against the respondents as defendants.

The appellants had sometime in July 1976 instituted an action against the respondents as defendants. By paragraph 32 of the amended statement of claim dated 16 January1984, they claimed jointlyand severally as follows: Declaration of title to all that piece or parcel of land known and called “Ogwugwu Ahaba” situate at Uruokwe Ezeanaike Egbema Ozubulu verged pink in the plaintiffs plan No. MEC/ 308/77 within the jurisdiction of this court the annual value of which is N20,000 (twenty thousand naira). N1,000.00 (one thousand naira) damages for trespass.

Injunction restraining the defendants, their servants and/or agents fro…