JOHN NWACHUKWU & ANOR V. MICHEAL ABARA & ORS.

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of Ikpeazu, J., delivered on 14th November, 1973, at the High Court of the East, Central State sitting at Owerri in suits HOW/25/72 and HOW/24/73, which were consolidated and tried together. The claims of the plaintiffs in suit HOW/25/72 were dismissed but the claims of the defendants who were plaintiffs in Suit HOW/24/73 were granted. It is against the judgment in the consolidated suits that this appeal was brought.

The plaintiffs in suit HOW/25/72 sued "for themselves and as representing the community of Umuzie Nguru" and the claims are: -

(a)Title to that piece and parcel of land verged GREEN in plan No. UN.D/9/72 filed by the plaintiffs and known as and called "MKPORO" or "MKPORO UMUEZIE NGURU" in Mbaise within Owerri Judicial Division with annual rent of 'a34. (four pounds)

(b)100pounds (one hundred pounds) special and general damages made up as follows: -

1. Special Damages

One Uhi tree…