PAUL NWADIKE & ORS. V. CLETUS IBEKWE & ORS.

AGBAJE, JSC (Delivering the Leading Judgment): The case before us now on appeal started in the High Court of Justice of the former East Central State of Nigeria in 1972. The Plaintiffs, Cletus Ibekwe and 2 Ors., for and on behalf of members of the Eluama family in Umudurumba Amaigbo, Nkwerre Division in the Okigwe Judicial Division sued the defendants, Nathaniel Anaele and 3 Ors, claiming against them jointly and severally a declaration of title to a piece or parcel of land known as and called "OHIA UKWU ELUAMA" situate at Umudurumba Amaigbo Nkwerre Division in the then Okigwe Judicial Division, 100.00 pounds (₦200.00) damages for trespass and an injunction restricting them, their servants and agents from further entering the land in dispute. In the Okigwe Judicial Division of the High Court holden at Okigwe pleadings were ordered by F.O. Nwokedi J. as he then was on 29th September, 1972. Pursuant to this order, pleadings were filed and delivered. The case eventually proceeded to tria…