CaseLaw
The plaintiffs sued the defendants claiming N10,000.00 being special and general damages for trespass to a piece of land known and called "Akwakwa", situate at Alayi in the Umuahia Judicial Division. They also claimed an order of perpetual injuction against the defendants.
Pleadings were ordered, filed and exchanged. At the trial evidence was led on both side. A number of documentary evidence were also tendered. It is not disputed that both the plaintiffs and the defendants hail from the same village Amakalu Alayi, albeit from different families. Parties are also agreed that while the plaintiffs call the land in dispute as "Akwakwa", the defendants refer to it as "Aja Oji" land. Both sides pleaded and relief on previous courts judgments over the land in dispute.
At the end of the trial the learned trial Judge in a reserved judgment found for the plaintiffs on all their heads of claims. He concluded his judgment thus –
Whether the court of appeal was right when it held that there was no evidence...