The facts of this appeal, briefly put, are that the appellants obtained judgment against one Ibe Obuamasi, now deceased, in the Customary Court of Umunze for declaration of title to a customary right of occupancy of ala-Ulo Umunworu in Imeofa Quarters, Uroro village, Umunze town and for perpetual injunction. The case was heard and judgment delivered in favour of the plaintiffs, now appellants in this court. The respondent failed to appeal within time and he had his appeal struck out by the chief Magistrate Court, Aguata. Meanwhile, the appellants having been threatened by the respondent to repossess the disputed land, they now brought this suit to the Customary Court, Umunze for damages for trespass. The application by the respondent to Awka High Court to have the suit transferred for determination was dismissed. Consequently the respondent now brought an application to the Awka High Court by way of originating motion to be allowed to appeal out of time and sought other reliefs. Uyanna J. granted these prayers and extended the time. Dissatisfied with this decision, the appellants appealed to the Court of Appeal.