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BELGORE, J.S.C.: (Delivering the Leading Judgment): The original plaintiff who sued in representative capacity on behalf of Okorokwaraun: kindred. John Ekke, died on 2nd February, 1982, in course of proceedings and by application of the kindred the present plaintiff. Godwin Uzoechi, was granted leave by trial court to substitute as plaintiff. The action was for declaration of title, damages for trespass and injunction in respect of a piece or land called "Ohiagu" by plaintiff and in respect or which a plan, Exhibit A. was drawn. After all the pleadings were exchanged, the trial court heard evidence and Ugoagwu. J., delivered judgment in favour of the plaintiff by concluding as follows:-
"In the final result, on a calm view of the totality of the evidence adduced, the pleadings and submissions of learned counsel for the parties. I am satisfied that the plaintiff has proved his case on the balance of probabilities and that he is entitled to the judgment of this court. I will also add th…