MONICA BOLNA'AN DONGBAN-MENSEM JCA (Delivering the Leading Judgment): The Appellants, as Plaintiffs, in the Isu customary court Nneneasa of the Imo State Judiciary, claimed as follows:-
(a) A declaration 'that the Plaintiffs are entitled to the Customary Right of occupancy over the piece and parcel of land known as and called 'Uhu-umu-Uche' situate at Ebenator-Ekwe in Isu Local Government Area within the jurisdiction of Court.
(b) Perpetual injunction restraining the defendant's servants or agents from further act of trespass to the land of the Plaintiff aforesaid
(c) N3, 000.00 (Three Thousand Naira) only being general damages for the economic crops and and carried away.
The parties joined issues at the trial Court.
It is the case of the Appellants that the land devolved to them from their ancestor by the name Uche Duru- who first farmed the land and after whom the land is called as "UHU-UMU-UCHE" The land is situated at Ebenator Ekwe in the Isu Local Government Area of Imo State. …