CHIEF THOMAS OKPALA & ORS V. M. U. OKPU & ORS

TOBI, JSC (Delivering the Lead Judgment): In suit No. SC.106/1996, this court delivered a judgment on 24th October, 1969 in a similar matter. Although the parties are different, the claim was based on virtually the same portion or parcel of land. The plaintiffs in that appeal claimed the following reliefs:

“(1) The plaintiffs claim as against the defendants is for a declaration of title to and possession of the piece and parcel of land situate in Nsukwa bush in the Asaba division and known as Nsukwa land which said land will be more particularly delineated in the plan to be filed by the plaintiffs.

2.Plaintiffs also claim the sum of £300 from the defendants being the value of annual tributes due from the defendants to plaintiffs for 5 years.

3.Plaintiffs seek an order of injunction restraining the defendants , their servants and agents from farming on or in any other way interfering with the said land without the consent of the plaintiffs.”

The High Court, Asaba dismissed the claims …