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OPUTA, JSC (Delivering the Lead Judgment): The present appellants were defendants in the Onitsha High Court Suit No. 0/107/77. In that suit the plaintiff now respondent claimed as follows:-
“(i) A declaration that the defendants as customary tenants of the plaintiff according to native law and custom have no right, to put tenants on the plaintiffs’ land or farm outside their home- steads or utilize or cut economic trees on the said land without obtaining plaintiff’s permission.
(ii) A declaration that according to the said native law and custom their holdings revert to the plaintiff on their vacating the land.
(iii) N600.00 damages for trespass.
(iv) An injunction to restrain the defendants, their servants and agents from putting tenants on the plaintiff’s land or utilizing economic trees thereon or doing other act therein inconsistent with their position as such customary tenants.”
Pleadings were ordered, filed and exchanged, and after due hearing on relevant evidence the learned trial…