The proceedings leading to this appeal were first initiated in the High Court of Justice of the now defunct East Central State of Nigeria, Awka/Amawbia Judicial Division, holden at Awka. Two suits were involved.

In suit No. AA/25/74, the Plaintiff, suing in a representative capacity for himself and on behalf of the people of Umuori, Neni filed the action against two Defendants, a man and his wife who hailed from Amada village, Oraukwu claiming N600.00 damages for trespass and perpetual injunction, In the second suit No. AA/26/74, the same Plaintiff in the same representative - capacity at in suit AA/25/74 instituted the action against another Defendant, also from Amada village, Oraukwu claiming N400.00 damages for trespass and perpetual injunction in respect of the same piece of land in dispute.

It is important to note that one common feature in both suits is that the Plaintiff, although suing in a representative capacity, expressly sued the Defendants in their personal capacities. Both actions were on the application of the parties consolidated for the purpose of hearing after pleadings were ordered in the suits and were duly settled, filed and exchanged.

The consolidated suits accordingly proceeded to trial and the parties testified on their own behalf and called witnesses. At the end of the trial, the Learned Trial Judge, Awogu, J. as he then was, entered judgment for the Plaintiff against the Defendants in each of the consolidated suits. He declared:

"In conclusion, the claim of the Plaintiff in AA/25/74 as well as in AA/26/74 succeeds. I award the sum of N600.00 as damages for trespass against the

Defendants, jointly and severally, in AA/25/74. I also award the sum of N400.00 as damages for trespass against the only Defendant in AA/26/74. In addition, I grant a perpetual injunction against the Defendants in AA/25/74 and the Defendant in AA/26/74 by themselves, their servants and agents, as well as against all persons from Oraukwu, by themselves, their servants and agents, from further acts of trespass into the land of the Plaintiff shown verged YELLOW in Exhibit E in these proceedings.”

The Defendants' appeals to the Court of Appeal. Enugu Division in Appeal No. CA/E/31 /88 against the said judgment of the Trial Court were dismissed on the 14th day of November, 1991. Their further appeals to this Court in Appeal No. SC.245/93 were also dismissed on the 28th day of March, 1995.

As will be observed above, the Learned Trial Judge after entering judgment for the Plaintiff in each of the consolidated suits proceeded additionally to order a. decree of perpetual injunction against "all persons from Oraukwu" town by themselves, their servants and agents from further acts of trespass into the said land of the Plaintiff shown verged yellow in his plan. Exhibit E.

The people of Otta and Amada villages of Oraukwu being dissatisfied with this decision applied through their respective representatives for and were granted leave to appeal as interested or affected persons to the Court of Appeal against this order of perpetual injunction clamped against the entire Oraukwu town. Similarly the Oraukwu community as a whole through their representative also applied as affected persons and were granted leave to appeal to tine Court of Appeal against the same judgment of the Trial Court in so far as it pertained to the gratuitous order of perpetual injunction granted against "all persons from Oraukwu.”

The said people of Otta and Amada villages or Oraukwu town together with the Oraukwu community duly filed their respective appeals which were subsequently consolidated for the purpose of hearing by the Court of Appeal, Enugu Division. The appeals were at the conclusion of hearing allowed and that portion of the order of injunction granted by the Trial Court in so far as it affected "all persons from Oraukwu was set aside. It is against this decision of the Court of Appeal that the Plaintiff has now appealed to this Court.