UWAKWE UGWU & ORS V. CHRISTOPHER ATTAH & ORS

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Enugu State High Court, delivered by Hon. Justice A. O. Onovo, J., on the 23rd day of July, 2012. This suit was filed by the plaintiffs/respondents (for themselves and as representing Amogbo Community, Nsukka) against the defendants/appellants (for themselves and as representing Umu Ugwu Arua family, Amaeze Owerre Village Ihe/Owerre Autonomous Community). The suit borders on the alleged trespass into the plaintiffs/respondents' land by the members of the defendants/appellants' family. The plaintiffs/respondents were by the said suit claimed for the following reliefs:

"(a) N500,000 damages for trespass on portion of plaintiffs' Amaogbo Uno land by the defendants.

(b) Perpetual injunction restraining the defendants, their servants, agents, privies or any person claiming through them from further trespass on the said land of plaintiffs."

After the service of relevant processe…