This is an appeal against the decision of the Court of Appeal, Enugu Division Coram Phil-Ebosie, Aikawa and Alu, JJ.C.A. setting-aside the judgment of P.K. Nwokedi, J. (as he then was) granting the Plaintiffs in Suit No.E/68/73 a Declaration of title, N400.00 general damages for trespass and a perpetual injunction against the Defendants in that Suit. In the same judgment, Nwokedi, J. dismissed the claims in Suit No.E/190/77. Incidentally Suit No.E/68/73 was consolidated with Suit No.E/190/77 for Umuene Town, Olo, Udi Division is made up of four villages or quarters namely Umuonyia, Umuafuke, Umuawata and Amangwu. In Suit No.E/68/73 the people of Amangwu through the Plaintiffs on record sued three sets of Defendants for themselves and representing the Umuafuke Amandim Olo, the Umuonyia Amandim Olo and the Umuawata Amandim Olo. The Claim of the Plaintiffs in Suit No.E/68/73 was for the following:

Pleadings were ordered, filed and exchanged. From those pleadings, there was no dispute with regard to the Identity of the land the Plaintiffs were claiming. The Plaintiffs’ plan Exhibit 3 and the Defendants’ plan Exhibit 4 refer to one and the same land. The only dispute that went to trial was one solitary issue the ownership of the land in dispute. The Plaintiffs say the land in Exhibit 3 belongs to them (the Plaintiffs) exclusively, while the Defendants say that the land in dispute belongs communally to all the 4 quarters of Umuene including the Plaintiffs.

The trial judge held in favour of the plaintiffs.

Defendants appealed to the Court of Appeal, who allowed the appeal, awarding judgment in favour of the respondents

Dissatisfied, appellants appealed to the Supreme Court.