AKPABIO, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Ezeani, J. of the High Court of Anambra State, Aguata Judicial Division, sitting at Ekwulobia, in its appellate jurisdiction in appeal No. AG/5A/98 delivered on 22/11/99 wherein he allowed the appeal of the appellant which came to him from a decision of the Chief Magistrate’s Court, Aguata Magisterial District holden at Igboukwu in appeal No. MAG/2A/95, which it turn had gone there on appeal from a judgment of the Customary Court, Mbamisi District, holden at Mbamisi in suit No. CCM/17/91. In the customary court suit the present respondent and his brother Edwin Nwosu (who later died) had sued the present appellants as defendants claiming three reliefs as follows:- “1. Declaration of title to a customary right of occupancy to a piece of land known as and called “Anaobi Ezenwosu” situated at Unuchiana village, Ekwulobia.
An injunction restraining the defendants, their children, privies and agents from…