LAWRENCE NWANKPU & ANOR V. DENNIS EWULU & ORS

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The plaintiffs (who are now appellants) sued the defendants (now respondents) claiming:

1. Declaration of Title under Native Law and Custom to the piece or parcel of land called Ukabi Utele situate in Ofeke Village, Osina Nkwerre Division, within jurisdiction;

2. 50 pounds being general damages for the defendants trespass to the said land on or about 10th November, 1969;

3. An injunction restraining the defendants, their servants or agents from further trespass to the said land.

There were originally three plaintiffs but the first plaintiff, Lazarus Anudu, died in the course of the proceedings at the trial and his name was struck off. The action which was instituted in the Okigwe Judicial Division of the High Court of the then East Central State of Nigeria, was heard and concluded in the Orlu Judicial Division of the High Court of the former Imo State. Pleadings were ordered, filed and exchanged. Evidence was led on both sides at th…