Judgment
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 19/5/2014 by the High Court of Abia State presided over by Hon. Justice C.H. Ahuchaogu (hereafter to be simply referred to as “the lower Court” and “the learned trial Judge” respectively). The Respondents herein as Claimants before the lower Court, by paragraph 16 of their further amended statement of claim filed on 3/7/2012, claimed against the Appellants as Defendants as follows: – “1.
A sum of N5,000,000.00 (Five Million Naira Only) being general damage for trespass committed by the Defendants on the Claimants (sic) lands namely (a) Ogwugwu (b) Nkpi and Okpulor Akpuruka being and situate at Umuatubi kindred in Ihie village of Osisioma Ngwa Local Government Area of Abia State, when the Defendants illegally entered into same, uprooted and or damaged economic crops planted by the Claimants on the land in dispute in March 2007 and also cleared some other portions of these lands preparatory to farm therein without the consent of the Claimants. 2.
An order of perpetual injunction restraining the Defendants, their agents, heirs, servants and or privies from further entering and or doing anything on these lands in dispute namely (a) Ogwugwu (b) Nkpi and Okpulor Akpuruka lying and situate at Umuatubi kindred in Ihie village of Osisioma Ngwa Local Government Area of Abia State as determined in the county Court of Appellate jurisdiction of Aba Division in Suits Nos.
ACCA 134/65 (Awor District Court Suit No. 39/64) dated 24/9/65 and also ACCA 125/65 (Awor District Court Suit No. 40/64) dated 24/9/65.” The Appellants filed a counter-claim in the action of the Respondents alongside their statement of defence. The claims of the Appellants in the said counter-claim as set out in their statement of defence and counter claim on pages 61-71 of the record of appeal (hereafter to be simply referred to as “the record”) are thus: – “a.
A declaration by this Honourable Court that the Defendants are entitled to the grant of the Customary Rights of Occupancy over the following pieces of lands situate, lying and being at Ihie Umuduru Village in Okenkwu Autonomous Community in Osisioma Ngwa Local Government Area of Abia State within jurisdiction of this Honourable Court namely: – i. Ogwugwu land, ii. ¼ of Akpuruka land, iii. ¼ of Okpulor Ukwu land, iv. Okpulor Ofor land, by inheritance in accordance with the custom in Ihie Umuduru Village in particular and that of Ngwa people in general. b.
