Before Their Lordships
RAPHAEL CHIKWE AGBO, Justice of the Court of Appeal
ITA GEORGE MBABA, Justice of the Court of Appeal
IBRAHIM ALI ANDENYANGTSO, Justice of the Court of Appeal
Between
1. JOHN EKWEOGU
2. ANTHONY NNOHAM
3. EVARISTUS ANYAOHA
4. WILFERED IBEBUIKE
(For themselves and on behalf of the people of Amanato Umuezeala Ogboko) Appellants
And
1. EUSEBIUS ANYAMA
2. WILFERED CHIOMA
3. ETHELBERT IBEKWE
4. CANICE NNOROM ANYAMA
5. CHIEF LINUS ASIKA
6. CHIEF JULIUS OKORIE
(for themselves and as representatives of Umudara Village, Mgbee) Respondents
…………………….A…………………….
MBABA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of Imo State High Court in Suit No. HOR/46/99, delivered on 24th September, 2013 by Hon. Justice L.C. Azuama, wherein His Lordship dismissed the claims of the Plaintiffs, (now Appellants) on the grounds that their evidence was manifestly contradictory, inconsistent and unreliable.
At the lower Court, Appellants had sought the following reliefs, in a representative action, as per their 2nd Further, Further Amended Statement of Claim:
(a) A declaration that the Plaintiffs are entitled of (sic) the Customary Right of Occupancy of the part of Akputara Land shown verged PINK on the Plaintiffs litigation plan.
(b) An Order of forfeiture against those of the Defendants whose houses are in the area verged RED of (sic) the Plaintiffs Akputara land.
(c) General damages for trespass assessed at one Million Naira.
(d) An Order of perpetual injunction restraining the Defendants by themselves, agents, servants and/or privies from trespassing into the Plaintiffs Akputara. Pages 238 – 239 of the Records of Appeal, which of course has, two different paginations and I elected one strand.
After hearing the case and considering the evidence led and the addresses of Counsel, the trial Court held that the Plaintiffs had failed to prove their claim, that the land verged RED in Exhibit A (Survey Plan) was a land granted by them (Plaintiffs) to the Defendants. The Court dismissed the Suit, with N10,000.00 cost, against them (Plaintiffs) (Pages 901 – 902 of the Records).
…………………….B…………………….
Dissatisfied, the Plaintiffs, as Appellants filed this Appeal on 8/10/2013, but later filed Amended Notice of Appeal on 5/6/17 and Appellants brief on 31/10/17, wherein they distilled three Issues for the determination of the Appeal, namely:
