On 12 October, 1984, Eziri, J sitting at the Afikpo High Court in Imo State entered judgment in favour of the respondents who were plaintiffs in the court below for a customary title of occupancy to the land known as “Ohu Egu” which forms part of a larger portion of land called “Agu Ojigwe” situate at Okposi Achara in Ohaozara Local Government Area, forfeiture of the defendants’ right of possession of the said land, N400.00 damages for trespass and injunction restraining the defendants their servants agents or workmen from performing any other act of trespass within the said Ohu Egu Land. The defendants who are now the appellants in suit Number HAF/82/77 were sued by the plaintiffs for-

In 1978, the appellants filed a cross action against the respondents in suit Number HAF/38/78 claiming against the respondents the following reliefs: -

On 14 July, 1980 upon the application of J.O Okor learned counsel for the plaintiffs, the two actions, namely HAF/82/77 and HAF/38/78 were consolidated in the following terms: -

“It is hereby ordered as prayed that suit Nos. HAF/82/77 and HAF/38/78 herein above stated, be consolidated and determined at the same time as they affect the same subject matter regarding the same community with almost identical interest”

On that occasion the first and seventh defendants were reported dead. Learned counsel for the defendants, Mr. Ede Nwali had prior to the order for consolidation consented to the application.

After the order of consolidation the respondents became the overall plaintiffs while the appellants became the overall defendants. On 22 September, 1982 the consolidated action was struck out. It is interesting to note that notwithstanding the order of consolidation learned trial Judge dealt with each case separately. At page 113 of the record, that is on 22 September, 1982 suit No. HAF/82/77 was called up first and the record for the day shows:-

“Parties present except the 2nd plaintiff. Counsel on both sides not in court. Case cannot go on. Case struck out.

Sgd. M. O Eziri J

22/9/82

On 29 November 1982 learned counsel for the plaintiffs, Mr. Okor, applied by motion on notice for suit No. HAF/82/77 to be relisted. The defendants did not oppose the application. The suit was restored to the cause list accordingly. On 19 September 1984 the hearing in suit Number HAF/82/77 commenced. The plaintiffs called two witnesses; the defendants were absent and they were not represented. Learned counsel for the plaintiffs asked for judgment in terms of their writ of summons and the statement to claim and this the trial Judge obliged.

On 21 April, 1986 the defendants were granted extension of time within which to appeal up to and including 7 May, 1986.