PATRICK NWIZU & ORS V. STEPHEN ONUORAH & ORS

BELGORE, JSC (Delivering the Lead Judgment): The respondents in this appeal were the plaintiffs at the trial court against the present appellants. The claim was for a declaration of title to a piece of land called Evurevu situate in Nsukka Judicial Division of former Anambra State. The plaintiffs got judgment at the trial court. The present appellants appealed to the Court of Appeal which upheld the trial court’s decision. A further appeal is now before the Supreme Court. The appeal to this court is on mixed ground of law and facts and it was filed with leave of this court. The declaration sought at the trial court, in a representative capacity, was that the land in question belonged to them exclusively having been in possession from time immemorial through their forefathers who first settled on the land. The whole evidence before the trial court indicated that the respondents, rather than appellants, proved they were entitled to the land. The entire evidence is not law but facts …