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FABIYI, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of Njemanze, J., while sitting at the High Court, Okigwe, in Imo State on 3rd March, 1997. The judgment was in respect of the claims in suit with number HO/20/91 filed by the appellants as plaintiffs. The learned trial Judge dismissed the claims in their entirety.
The resolution of this appeal principally relates to the propriety or otherwise of the findings of fact by the trial Court. It is therefore apt to recapitulate the facts leading to the judgment of the trial Court at a reasonable length.
Put succinctly, the plaintiffs' claims, as can be gathered from paragraph 18 of the amended statement of claim, relate to a declaration of the court that the defendants are their customary tenants in respect of portions of land referred to as 'Ogboenwe' and 'Ndiuhu' situate at Ibinta in Okigwe Local Government Area of Imo State.
The land is said to be occupied and enjoyed by the defendants as their homestea…