BEN UME RICHARD MADU GABRIEL OFOJAMA (FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF ERITINABO UNUBI) AND BENNETT IFEDIORAH EZEAMASI EZEAKUNNE (ALIAS EZENDUKA EZE) EGWUI EZENWAMALU (ALIAS EGWUI OGBUNUJU) TIMOTHY EZENWA ECHICHETA BENSON EZENWOYE (FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF UMUEZE UGA) V. BENNETH IFEDIORA BENSON EZENWOYE OKPALAGBUGBA EZEANYIKA IKEAKU NWADIKE EZEAMASIOBI OKPALA ( FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF UMUEZE VILLAGE, UGA) AND RICHARD MADU LIVINUS ELENDU OGUM BEN UME EMANUEL UMECHIKERE GABRIEL OFOJAMA (FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF ETITINABO VILLAGE, UNUBI)

MUHAMMAD, JCA (Delivering the Lead Judgment): Hon. Justice A.

Obiesie of the Anambra State High Court sat at Awka and delivered aninterlocutory decision in respect of the two suits pending before him. This was on the 7th May, 1986. The appeal before us is against his decision as given.

The appellants, as plaintiffs in the lower court, were the first to take out a writ against the respondents, as defendants. This first suit is numbered AA/1/76. The appellants’ claims for themselves and on behalf of the people of Etitinabo village of Uga were for:-

(a) “Declaration of title under native law and custom to the land called Ugwuicha - Obereanaohe-Uzubi shown verged yellow on plan No. MEC/619/76.

(b) N500,000.00 being special and general damages for trespass in respect of the houses of the plaintiffs burnt and destroyed on the said land and

(c) Perpetual injunction.”

Pleadings in suit No. AA/1/76 were delivered having been ordered, and filed.

Subsequently, the respondents, as plaintiffs, took ou…