N. TOBI, J.S.C (Delivering the Leading Judgment): This appeal involves two communities. Umuodafe of Ibusa and Okpanam. The people of Umuodafe of Ibusa are the plaintiffs/respondents. The people of Ogbeowele quarters of Okpanam are the defendants/appellants. Ibusa and Okpanam are neighbouring towns. They are separated by a large expanse of farm land. Apart from the large expanse of farm land separating them, this litigation has also separated them. The large expanse of farm land is the bone of contention of this appeal. Both parties claim ownership of the land.
The case of the plaintiffs/respondents is as follows: The foremost ancestor of the plaintiffs, Umuejei, founded Ibusa. He had three children Oshe, Ezebuogu and Ezemeze. Before Umuejei died, he shared the land amongst his three sons. Ezebuogu inherited Akwu Ogonogo, Akwu Ogonogo Ekiti, Akwu Okpokolo, Akwu Ogede, Akwa Mmanu, Akwu Imilikiti and Akwu Mkpili from his father. Like his father, Ezebuogu lived on the land, farmed on it …