B. O. BABALAKIN, J.S.C. (Delivering the Leading Judgment): This is an appeal by the Defendant/Appellants against the Judgment of the Court of Appeal, Enugu Division delivered on 11th July. 1988 which dismissed the appeal of the said Defendants/Appellants against the Judgment of the High Court of Orlu delivered in Suit No. HOR/83/74 on 29th June, 1981.
The facts that led to this appeal are as follows:
The action in this case was instituted by a writ of summons issued in the High Court of the Okigwe Judicial Divsion of the former East Central State of Nigeria. On the creation of the Imo State of Nigeria the case was transferred to the High Court of Justice, Orlu for hearing and determination. The claims by the Plaintiffs/Respondents are as follows:-
"1. Declaration of title to all that piece or parcel of land lying being and situate at Isieke village Akpulu within Jurisdiction which is in possession of the plaintiffs and more particularly delivered in a plan to be filed, annual value o…