SILAS OKOYE OKONKWO & ORS. V. CHIEF AGOGBUA KPAJIE & ORS.

A. B. WALI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal Enugu in which it affirmed the judgment of the Onitsha High Court dated 29th July, 1981 in Suit No. 0/52/73. In the suit Silas Okoye Okonkwo and 2 others (for themselves and on behalf of the people of Umusiome Nkpor) claimed against Chief Agogbua Kpajie and 2 others (for themselves and on behalf of the people of Ikenga Ogidi) for the reliefs contained in the amended Writ of Summons, to wit -

"1. Order of court on the defendants for boundary between the plaintiffs and the defendants on Okofia land at Nkpor in the judicial division to be demarcated with concrete pillars.

2. Perpetual injunction, and

3. A declaration of title to Okofia land."

Both the plaintiffs and the defendants filed and exchanged pleadings in which issues were joined. Both parties called witnesses, filed survey plans and tendered judgments in previous litigations between them in respect of the land in …