UGORJI OBI & 4 ORS V. DANIEL MBIONWU & 2 ORS

IGUH, JSC (Delivering the Lead Judgment): Both parties are two neighbouring communities sharing a common boundary in the Idea to Local Government Area of Imo State. By a writ of summons issued on the 24th day of December, 1975, the plaintiffs, for themselves and on behalf of the people of Osina Community in Imo State, instituted an action against the defendants jointly and severally as representing their Akokwa Community at the Orlu Judicial Division of the High Court of Justice, Imo State, claiming as follows:-

“1. A declaration that the “Ekpe” - an ancient trench is the boundary between Osina and Akokwa.

2. An injunction to restrain the defendants and the people of Akokwa from crossing the said ancient boundary and laying claim to land on the Osina side of the “Ekpe” ditch.”

Pleadings were ordered in the suit and were duly settled, filed and exchanged. At the subsequent trial, both parties testified on their own behalf and called witnesses.

The case for the plaintiffs, briefly, is …