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C. M. CHUKWUMA-ENEH, J.S.C (Delivering the Leading Judgment): In this case the appellants before this court were the defendants at the trial Customary Court. The plaintiffs (the respondents here) in their claim at the trial Customary Court have claimed as follows:
"(1) Declaration of Customary Right of Occupancy to the piece or parcel of land known as and called 'Ukwu Wite' lying and situate along Ihie and Obitti Road in Ohaji.
(2) Two - thousand Naira (N2,000.00) general damage for trespass.
(3) An injunction restraining the defendants their agents and or servants from any further acts of trespass or interferences with the said plaintiffs land."
At the trial the parties and their witnesses gave evidence and the trial court undertook a visit to the locus in quo. Evidence was taken at the locus. Both counsel to the parties addressed the trial court and in a reserved judgment the trial court dismissed the plaintiffs' case.
Dissatisfied with the decision the plaintiffs appealed to the Iā¦