OBIANWUNA OGBUNYIYA & ORS V. OBI OKUDO & ORS

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): The Honourable Mr. Justice Philip Nnaemeka-Agu (Nnaemeka-Agu J.C.A.) of the Federal Court of Appeal, who in June 1977, was a Judge of the High Court of Anambra State, on the 17th day of June, 1977 in the Onitsha Judicial Division of the High Court of the said State, delivered a judgment in favour of the respondents who, as plaintiffs in Suit 0/71/58, claimed against the appellant, as defendants, a declaration of title to a parcel of land situate at Aboh, Ogidi in Anambra State, damages for trespass thereon and an order of injunction to restrain the appellants from further interference with the respondents' ownership of the said land. The appellants unsuccessfully appealed to the Federal Court of Appeal holden at Enugu (hereinafter referred to simply as "the Court of Appeal"), from the said judgment of the Honorable Mr. Justice Nnaemeka-Agu (who will hereafter in this judgment be referred to as Nnaemeka-Agu J.). They now appeal to th…