BARTHOLOMEW ONWUBUARIRI RUFUS UZODIOKPU LEVI AGUJIOKE ROWLAND ONWUBUARIRI (SUBSTITUTED BY ORDER OF COURT OF 8 NOVEMBER 2010) V. ISAAC IGBOASOIYI IHENYIRIMADU ONYEGBOSI OBIDIOKA ONYEGBOSI TIMOTHY IGBOASOIYI NELSON OZURUOKE (FOR THEMSELVES AND AS REPRESENTING UMUOKPARA KINDRED, AMADEHI, UBULU)

ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal holden at Port Harcourt in appeal No. CA/PH/97/95 delivered on 24 March 2003 in which the court allowed the appeal of the present respondents against the judgment of the High Court of Imo State, holden at Oguta in suit No. HOG/55/86 delivered on 29 July 1994. The present appellants, as plaintiffs at the trial court instituted the action against the respondents jointly and severally claimingthe following reliefs: “(a) Declaration that plaintiffs are entitled to customary right of occupancy to the pieces or parcels of land known and called “Ohia Owerre and “Ala Ogwugwu Iyiala Amaechi” situate at Amadehi Ubulu in Oru Local Government Area within Oguta Judicial Division.

Perpetualinjunction restrainingthe defendants by themselves , their agents or servants from trespassing into the said “Ohia

Owerre Land.”

N1,000.00 (one thousand naira) damages for trespass on the said “Ohia Owerre la…