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a
a declaration that the plaintiff is the owner of the land known and called Odo Ubiri (or Okpobiri) situate at Nando and bounded as in the plan to be here-inafter filed.
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b
£100 damages for the destruction by the defendants, their agents and/or servants of the boundary pillars on plaintiff's land.
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c
an injunction restraining the defendants from further committing such acts as are complained in paragraph (b) above.”
At the completion of the hearing at the High Court at Onitsha Reynolds J. gave judgment in favour of the plaintiffs against the defendants. The judgment went on appeal to the Federal Supreme Court and in its judgment in suit FSC/295/1960 de-livered on 30th June 1961, it set aside the judgment of Reynolds J. and made an order of non-suit in respect of the first item of claim where plaintiffs sought dec-laration of title. Delivering the judgment of the court Taylor F.J. stated inter alia: -
“In my judgment, the trial Judge erred in granting a declaration of title to the people of Umuawo in respect of an undefined area of land. To that extent the judgment must be set aside.………………………………………………………………………………………………………………………………………………………………………………
The result is that the appeal against the Umuawo people is allowed and the Order I would make is as follows:-
““The judgment of the trial Judge is set aside and I would substitute in its place an order of non-suit in respect of the claim for a declaration of title. I would order a non-suit on the claim for a declaration of title in view of the trial Judge’s finding that the larger area edged violet though not claimed in the action, was owned by Umuawo, and the area to which they failed to get a title for failure to prove their Western boundary is within it.”
No appeal was lodged against the judgment of the Federal Supreme Court in that case as indicated in this paragraph of the judgment of the Privy Council de¬livered on 21st July 1964 by Lord Donovan:-
“Though the record in this case indicates that there are three appeals, there are in fact only two and those two are consolidated. The third apparent appeal, between Ajama Aduaka & Ors. and Vincent Ekwealor, is not effective. The plaintiff in that case was successful in the High Court in Eastern Nigeria but un¬successful in the Federal Supreme Court, and does not appeal to the Board."
For the purpose of this appeal, as was done in the 1957 suit, the Plaintiffs/Ap-pellants will be referred to as Umuawo (Umuawu) people and the Defendants/Re-spondents as the Abube. Consequent on the order of non-suit the Umuawo filed a fresh suit at the High Court Onitsha and is O/115/61 on 13th September 1961
For the purpose of this appeal, as was done in the 1957 suit, the Plaintiffs/Ap-pellants will be referred to as Umuawo (Umuawu) people and the Defendants/Re-spondents as the Abube. Consequent on the order of non-suit the Umuawo filed a fresh suit at the High Court Onitsha and is O/115/61 on 13th September 1961
claiming declaration of title to the piece of land known as Odo Ubiri (or Okpobiri) situate at Nando “and bounded as in the plan to be hereinafter filed.” The de-fendants are the Abube. The case was heard by Kaine J. and judgment, which is the subject of the present appeal, was delivered on 9th December 1963 dismis¬sing the claim of Umuawo against the Abube. Against this judgment an appeal was lodged
