AWOKE OWATA & ORS V. UCHANCHI ANYIGOR & ORS

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This appeal is against the ruling of the Court of Appeal, Enugu Division granting respondent leave to adduce further evidence in that court and to amend their pleadings. The facts are straightforward and not contested. The only issue raised by appellant is that the Court below erred in law in relying on the provisions of Order 1 rule 20(3) and (5) of the Court of Appeal Rules and section 16 of the Court of Appeal Act 1976 instead of Order VII rule 24 of the Supreme Court Rules 1961 which it is claimed is the applicable rule.

The facts of this case are that plaintiffs are natives of Igbudu village, Ikwo. Plaintiffs brought an action in 1970 against the defendants., who are natives of Inyimagu village, also of Ikwo. Plaintiffs claimed a declaration of title to a piece of land called Agu Igbudu, N400 general damages for trespass and an order of perpetual injunction restraining the defendants by themselves, agents and servants from …