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MOHAMMED LAWAL GARBA, JSC (Delivering the Leading Judgment): This twenty-two (22) year old appeal emanated from suits/cases filed in the years 1955 and 1959 in the then Hight Court of South-East of Nigeria at Onitsha, (trial Court) as suits Nos: 0/72/1955, 0/120/1955 and 0/144/1959 in respect of the title and ownership of a piece of land called "Agbagolu", Agba-Olu" or "Mpiti" situated at Akwa in Ifete Dunu, in Njikoka Local Government Area of Anambra State (now).
The appeal is a direct offshoot of the suit No. 0/114/1959 instituted by the Appellants' forebears before the trial court which, as borne out by the Record of Appeal at page 77, was tried on the basis of the Further Amended Statement of Claim dated 15th April, 1993, filed on the 20th April, 1993. The joint and several claims against the Respondents in paragraph 17 thereof were for the following reliefs:-
"(i) Declaration that the plaintiffs are entitled to a customary right of occupancy over their "Agbogolu" land verged red on…