MUHAMMAD, J.C.A. (Delivering the Leading Judgment): Two distinct and separate writs were taken out by parties to the present appeal. In the one, the respondents as plaintiffs sought against the appellants then defendants the following reliefs:-
(1) Declaration of title to the piece or parcel of land otherwise known as and called "Ana Mbaji" situate at Okafia-Ihiala annual value of which is N10.
(2) N1000 damages for trespass on the said land. And
(3) Perpetual injunction restraining the defendants, their agents or privies from committing further acts of trespass on the said land.
The particular suit No. HN/43/76 was first in time. Some defendants in the suit took out a subsequent writ against the plaintiffs in the very first suit. The suit so subsequently commenced was No. HN/13/77. Pursuant to the lower court's order, the two suits were rolled into one and heard as a single suit. In legal parlance they are said to have been consolidated. This appeal is against the judgment of Hon. Ju…