VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): This is an Appeal from the judgment of the Customary Court of Appeal Imo State of Nigeria. The Court had taken the Appeal from the decision of the Customary Court of Orlu Local Government Area, Imo State; which sat at Ihioma on Suit No. CC/OC.105/90; and delivered its judgment on 25th February 1997.
In the Court at Orlu, the plaintiff who is respondent is this Court had claimed reliefs thus (a) N2000.00 damages for trespass to "Uhu Dimofor"; (b) Injunction. After both parties and their witnesses in that Court, the said Customary Court at Orlu entered judgment in favour of the Plaintiff. The judgment of that Court is material to the subsequent proceedings, it is therefore relevant to state it here at the outset; it is the sum of money as claimed by the plaintiff (damages for trespass)
(ii) An order of injunction restraining the defendant, their agents, servants and privies from entering the land in dispute. (3) A…