MBA NTA & ORS. V. EDE NWEDE ANIGBO & ANOR.

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The respondents were the plaintiffs in an action tried in the High Court, Enugu (W. J. Palmer J.) in which their claim as set out in the amended statement of claim reads as follows:-

"Wherefore the plaintiffs' claims against the defendants are as follows:-

(a) A declaration that the boundary between the lands of the plaintiffs and defendants is as demarcated by Mr. Chadwick and confirmed in Awkunanaw Native Court suit No. 84/46 by Mr. Jackson which boundary is more particularly delineated and shown yellow in the plan CS/146/62 filed in this case Or

In the alternative, should the court hold that Mr. King's decision is binding on the plaintiffs (which is denied), a declaration that the boundary between the lands of the plaintiffs and defendants is as demarcated by Mr. Chadwick and confirmed in Awkunanaw Native Court suit No. 84/46 by Mr. Jackson as varied by Mr. King which boundary is more particularly delineated and shown yel…