RICHARD OBIEKEZIE & ORS. V.THOMAS NWEKE & ORS.

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): From the pleadings of the parties it is manifest that the land in dispute called by the plaintiffs "Ezeanum" (see their plan No. MEC/274A/62- Exhibit "C") and by the defendants "Agwu-Ogwugwu-Ede" (see their plan No. SE45A/60/63 - Exhibit "E") was part of a larger piece of land communally owned by the large community of Ede people to which both the plaintiffs and the defendants belong. The case of the plaintiffs is that there was a partition as a result of which the land now in dispute fell to their own sub-families of Budom and Ezenin and that despite the partition the defendants, as individuals, had trespass on the holdings of the plaintiffs. On the other hand, the defendants whilst accepting that the land was at one time divided up into plots, said that the numerous allotments were left at large for occupation by whoever of the members of the Adazi-Ani community wished to build thereon.

At the trial, the learned trial Judge w…