EDOZIEUNO OKAFOR (FOR HIMSELF AND ON BEHALF OF UMUALOR QUARTER OF UMUDORA ANAM) V. OFODILE UCHEBO OBUORA ALAEFUNA (FOR THEMSELVES AND ON BEHALF OF UMUENE QUARTER OF UMUDORA ANAM) AND OBIORA OKOYE UDEGBUNEM OKECHUKWU NNEKWE (SUBSTITUTED BY ORDER OF COURT ON 23/4/98 FOR MOSES NDIVE (DECEASED), FOR THEMSELVES AND ON BEHALF OF UMUAGU QUARTER OF UMUDORA ANAM) DOMINIC ONUORA CLEMENT ONUORA (FOR THEMSELVES AND ON BEHALF OF UMUNTA QUARTER OF UMUDORA ANAM)

FABIYI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment handed out by Ezeani, J. sitting in Otuocha High Court of Anambra State on 17th September, 1998.

As clearly discernible from pages 1 and 2 of the record of proceedings, the plaintiff/respondent herein filed the suit on 19th January, 1977. Vide paragraph 24 of the amended statement of claim dated 20th March, 1997 , the claim reads as follows:-

“1. A declaration that the plaintiff and the defendants are together entitled to the communal ownership of the customary right of occupancy over the land in dispute verged green on the plan No. AN/GA.1008/77.

N500.00 general damages for trespass against the 1st set of defendants. An order of injunction restraining the defendants, their servants and agents from in any manner whatsoever interfering with the rights of possession and ownership of the plaintiff and the other members of Umualor Quarter of Umudora Anam as one of the four quarters of Umudora Anam entitled t…