The Plaintiffs, who are Appellants, in this case in Suit No. HU/24/74 at High Court, Abia State sued the Defendants/Respondents claiming declaration of title to seven adjoining parcels of land, damages for trespass and injunction. The Defendants/Respondents also in Suit No. HU/43/74 sued the Plaintiffs/Appellants claiming declaration of title to two adjoining parcels of land, damages for trespass and injunction. Both Suits were by the consent of the parties consolidated.

Pleadings were called and exchanged by the parties. The Appellants traditional history was that their ancestors were the first settlers on the land in dispute. Miss Lewis, learned counsel for the Appellants described, in the Appellants' brief how the Appellants found and settled in the land in dispute in the following narrative: "Their ancestor, Iwo Okoro Orufu, had emigrated from Asaga Ohafia and settled at Afia Nkwo where he founded the Afia Nkwo market. Iwo Okoro Ofuru begot Ezeaja Iwo. Ezeaja Iwo begot Okwo Ezeaja Iwo. When two Okoro Ofuru died his descendants found that the land around the Afia Nkwo market was not fertile enough and so they emigrated to Ugwo Ugbagba, Ugwo Agbala and Ekike lands (three parcels of land within the land in dispute where they settled and established juju shrines therein.

When Iwo Okoro Ofuru first settled at Afia Nkwo he was later joined by his brother Chukwu Oke, Ali Oke and Oke Oke. After Ezeaja Iwo and his people had left the Afia Nkwo area, Inyima Oke and his brothers continued to settle there and in course of time named the place Abiriba which was coined from their original place Abiriba. It was from their settlement of the three pieces of land within the land in dispute that the Plaintiffs/Appellants ancestors went on to found the other parcels of land.......... Ukofia, Akwukwa Gwoghorogwoghoro, Nkume Barara and Iyi Okwo, making the seven pieces of land comprising the land in dispute. The Plaintiffs/ Appellants ancestors further went beyond the Iyi Okwo stream to found the Etitiama Nkporo village. It was the Plaintiffs/Appellants' case that from time beyond memory they and their ancestors had been exercising maximum acts of ownership over the whole of the land in dispute."

The Respondents denied the Appellants traditional history and averred that the land in dispute consists of two parcels of land. They were shown in their survey plans, Exhibits "M" and "N" as Nkpako Oboru-Uru. Their great ancestor, Enuda, migrated from Ena crossing the Cross River and finally settling in a place called Udara Ebuo in Ohafia. The Respondents being famous blacksmith used to attend the Nkwo market at Abiriba and they used to meet and exchange trade with the Appellant's people.

One day a fight occurred between the members of the two communities and it led to a communal war. During the skirmishes the Appellants' ancestor were driven to a new area north of their original abode. The Respondents' ancestors occupied the land left by the Appellants' people. The Respondents' people renamed the place left by the ancestors of the Appellants "Abiriba". There was a second war between the two communities and the Appellants ancestors were driven further north until they crossed the Iyi Okwo stream which became the natural boundary between the two communities. Both parties now lived in peace and accepted the Iyi Okwo stream as the natural boundary between the two communities. It was in 1968 during the Nigerian Civil war that the Appellants began to trespass on the land of the Respondents. The Respondents sued them and a court made an order restraining them.

I have already mentioned earlier in this judgment that both the trial High Court and the Court of Appeal had dismissed the Appellants' claim.