<p><strong> NSOFOR, JCA (Delivering the Lead Judgment): </strong> This is an appeal fromthe decision of the Owerri High Court, P. C. Onumajulu, J. on the 30th of June, 1994 in Suit No. HOW/59/77. The plaintiff (appellant) had sued claiming (i) the sum of N100,000.00 (one hundred thousand naira) as special and general damages for trespass to “UHU-ELU” land and (ii) perpetual injunction restraining the defendants their servants and agents from further trespass to the said land. He brought the action and prosecuted it in a representative capacity that is to say “for himself and as representing th e Unakalamba branch of Agrinwa Duruanyanwu family of Obilubi, Obazu, Mbieri in Mbaitoli Local Government Area”. Pleadings having been ordered, they were originally filed, delivered and exchanged but subsequently amended. The pleadings were finally settled at the Amended Statement of Claim, copied at pages 123 to 130 of the Record of Appeal and the Amended Statement of Defence, copied at pages 131 to 140 of the Reco…</p>