EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Abia State High Court sitting at Obehie delivered on 30th March, 2006. The learned trial judge dismissed the claim of the Appellants, as Plaintiffs, and gave judgment to the respondents, as defendants, in their counter-claim.
The Appellants, as plaintiffs, had sought the following reliefs against the Respondents in their amended statement of claim. That is-
1. A declaration that the plaintiffs are jointly entitled, with the defendants, to the ownership, use and occupation of the parcel of land known as and called "EGBELU ETITI" situate at Obehie Asa in the Ukwa West L.G.A. of Abia State.
2. An order of perpetual injunction restraining the defendants by themselves, their privies, successors in title, agents or servants from over disturbing or in any manner whatsoever interfering with the plaintiffs, right to joint ownership, possession, use and occupation of the said "EGBELU ETITI" land with…