MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Port Harcourt Division. Two separate suits were filed in Imo State High Court in the Oguta Judicial Division. The 1st suit No. HOG/2/79 was filed on 18/1/79 by the present appellants against the respondents, and on 6/3/79 the respondents filed their own suit No. HOG/10/79 over the same piece of land against the appellants. In suit No. HOG/2/79 the appellants' claim against the respondents is for trespass and injunction and in suit No. HOG/10/79 the respondents claimed against the appellants for:
"(a) Declaration that the plaintiff is entitled to the customary right of occupancy of the land in dispute verged pink in the filed plan No. PO/IMO. 23/79 as herein pleaded.
(b) N200.00 (two hundred Naira) general damages for trespass to the said land in dispute as pleaded.
(c) Perpetual injunction restraining the defendants, their servants, agents, workers and all claiming through…