In the present suit, which was commenced in Amawbia/Awka Judicial Division of Anambra State, the Plaintiffs (i.e. the present Respondents) claimed for themselves and on behalf of Umubelonwu of Amanuke against the Defendants (Appellants) for themselves and on behalf of Ifiteora in Urum for a declaration of title to Akpu- Ovu land and perpetual injunction against the Defendants, their servants or agents over the land. The case went to trial on an amended Statement of claim dated the 27th day of September 1978. The Defendants, for reasons not clear from the records, while not disputing that they sued "for themselves and on behalf of Ifiteora in Urum", split themselves into two for their defence, namely: 1st and 2nd Defendants hereinafter called 1st set of Defendants, and 3rd to the 6th De¬fendants (hereinafter called 2nd set of Defendants), each represented by a separ¬ate counsel. The case went to trial on an amended Statement of Defence dated November 1978, and filed on 27/11/78 (for the 1st set of Defendants) and another one dated 24th November 1978, for the 2nd set of Defendants.

The Plaintiffs' case before the Court was that they were owners of the land in dispute from time immemorial and had been exercising diverse acts of ownership and possession thereon. They installed a water pump in it; have been farming the land by themselves and letting portions of the land for farming to Defendants' people and others on payment of tribute. They have been fetching water and rea-ping fruit crops and tapping raffia palms on the land, worshipping the juju shrine in the land - all without let or hinderance from any one till 1966 when the Defend-ants refused to pay any further tribute and started claiming the land as their own. Despite intervention by neighbours who advised the Defendants to withdraw from their false position they refused and persisted, because they outnumbered the Plaintiffs. In furtherance of their claim to the land in dispute the Defendants almost simultaneously filed three separate suits - 0/60/66, 0/202/66 and 0/14/67. For this purpose they called different portions of the Plaintiff's Akpo-Ovu land different names, namely: