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AKPIROROH, J.C.A. (Delivering the Leading Judgment): The appellants were the plaintiffs while the respondents were the defendants in the action which was instituted on 29/11/77 at Owerri High Court in suit No. HCW/165/77 in Owerri and later transferred to Mbaise Judicial Division when it was created and it was registered as suit No. HAM/95/82.
Pleadings were duly filed and delivered before the case was transferred to Mbaise Judicial Division for hearing and determination. The plaintiff's claim as set out in paragraph 19 of their statement of claim is as follows:-
"(i) Declaration of title to the land in dispute i.e. to all that certain piece and parcel of land known as and called "Okwu" situated along Umuhu Azaraegbelu Road, Umuhu, Enyiogugu, Mbaise.
(ii) N400.00 being damages for trespass to the said land in dispute.
(iii) Perpetual injunction restraining the defendants and their agents from entering the land."
The case thereafter went before Nsofor J (as he then was) for trial. Th…