CHRISTOPHER OHUABUNWA, ANTHONY EGBUJOR, CHIEF ANTHONY OPARA, BASIL OGBONNA CHUKWU, CHIEF FIDELIS MBANU & MARCELLINUS NOCHIRI V. BARTHOLOMEW NBAGWU

TSAMMANI, J.S.C. (Delivering the Leading Judgment): This appeal questions the judgment of the Court of Appeal, Port Harcourt Division, delivered on the 30th day of November, 2006, in Appeal No. CA/PH/62/2001.

The respondent herein, as plaintiff for himself and representing the members of the Ngwoli family, took out a writ of summons against the appellants as defendants wherein it was claimed in paragraph 15 of the statement of claim filed on 20/1/1974 as follows:

15. Whereof the plaintiff claims from the defendants jointly and severally as follows:

    (a) Declaration of title to that piece and parcel of land verged PINK in Plan No. E/GA1647/74, filed by the plaintiff and known as and called "Igu Ala," is situated at Umneme Uzoagba, Ikeduru, within the Owerri Judicial Division, with an annual rent of N10.00.

    (b) N600.00 in special and general damages for trespass to the land in dispute, made up as follows:

    (1) Special Damages

    8 palm trees ... N20 each = N160.00

    3 agricultural nursery palms ... N20 e…