AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The action that led to this appeal started at Inyi Customary Court in Oji River Local Government of Enugu State, and it involves a land dispute.
The Respondents, who are from Umuchukwu, Agbalidi Inyi, Oji River LGA, were the Plaintiffs at the trial Customary Court where they claimed ownership of land situated at Agbalidi Inyi, which contains different portions that "were issued to or given to Akwu people under lease to live and make use of until the Akwu people deserted or parked away from the area before the Plaintiffs or Umuchukwu family people regains the said land". They specifically claimed the following reliefs -
(1) Declaration that they have or are entitled to a Customary right of Occupancy over the said portions of land which are situated at Agbalidi Inyi now in dispute with Akwu Inyi.
(2) An injunction retraining both parties from further entering into the disputed land pending the determination of the aforementio…