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G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal relates to a judgment by Aseme, J., delivered at the Anambra State High Court, sitting at Awka, on the 22nd of September, 1974. The suit was first filed in the Orumba District Court Grade A in 1963 as suit No. 46/63 and was later transferred to the Onitsha High Court where pleadings were duly ordered. There was an earlier abortive hearing of the case but after the Civil War, the case came before the court and was duly heard and determined. In the District Court Grade A, the plaintiffs who sued for themselves and on behalf of the Agunwaja family of Umunebo Ufuma claimed:-
i. Declaration of title to land known as and called ANAGUIKPA ABO which is shown verged pink on Plan SE. 21A/63
ii. 300 pounds (N600) damages for trespass;
iii. Injunction to restrain the defendants their servants and agents from trespassing on the said land.
When this action was first instituted, the first set of defendants were sued in their pers…