LAWRENCE OKAFOR & ORS V. FELIX NNAIFE & ORS

G. B. A. COKER, J.S.C (Delivering the Leading Judgment): The present appellants were the second set of defendants in an action filed by the respondents, as plaintiffs, in the High Court Onitsha. The plaintiffs are described on the writ as follows:-

"Felix Nnaife for himself and on behalf of the family of Umuokwe Ezinkwelle."

and the claim, as endorsed on the writ, is for -

"(1) A declaration that the defendants are the customary tenants of the plaintiff and according to native law and custom cannot put tenants on the plaintiff's land or farm on the plaintiff's land without obtaining plaintiff's permission.

(2) 300 pounds damages for trespass in that the defendants acting in concert put tenants on the plaintiff's land and cut plaintiff's economic trees and farmed on portions of plaintiff's land without obtaining plaintiff's consent.

(3) Injunction to restrain the defendants from putting tenants on the plaintiff's land or doing things on the plaintiff's land inconsistent with their posi…