TOBI, JSC (Delivering the Leading Judgment): This case has moved through three courts, viz: Ukwa Customary Court, Ukwa Local Government Area; Customary Court of Appeal, Abia State and the Court of Appeal, Port Harcourt Division. This is the fourth court.
The plaintiffs, who are the respondents in this court, claimed against the defendants, who are the appellants in this court: a) a declaration that the plaintiffs are entitled to the customary right of occupancy in and over the piece of land called Egbelu Ulogor; b) N2,000 general damages; and (c) perpetual injunction restraining the defendants, their servants, agents and or privies from committing further acts of trespass on the said land.
The trial court gave judgment to the plaintiffs in terms of their claims, except the relief on trespass where the court awarded N700.00 damages. The Abia State Customary Court of Appeal allowed the appeal of the defendants and dismissed the case of the plaintiffs. The plaintiffs appeal to the Court…