GALADIMA JSC (Delivering the Lead Judgment): This is an appeal against the Judgment of the Court of Appeal, Enugu Division, delivered on Thursday 13February 2003. This matter culminating in the further appeal to this court has unfortunately, chequered history. This is manifested from the relevant background facts exposed hereunder. The respondent herein, as plaintiff first instituted this suit at the Mbamisi Customary Court claiming the following reliefs: “1. A declaration of title to a Customary Rights of Occupancy to a piece of land known as “Ana Ukpaka Ehurie” situated at Ezioka Isuofia within the territorial limit of the court.
N1,500.00 (one thousand, five hundred naira) being damages for wrongful entry into the said plaintiff’s land by the defendants.
An order of court to prevent the defendants further entry into the said plaintiff’s land.” TheMbamisi Customary Court gave judgment in favour of the plaintiff but the appellants appealed to the Magistrate Court where the judgment w…