JOSIAH AGHENGHEN & ORS. V. CHIEF MADUKU WAGHOREGHOR & ORS.

ELIAS, CJN (Delivering the Lead Judgment): This is an appeal from the judgment of Ogbobine, J., Suit No. UHC/42/69 delivered in the Ughelli High Court on 29 May, 1970, wherein he found for the plaintiffs as per their writ which was endorsed as follows:

“(1) A declaration that the plaintiffs as the persons adjudged in both Suit No. W/72/60: Chief Maduku Waghoreghor and Anor v. Josiah Aghenghen and II ors. and Appeal No. S.C. 563/66: Josiah Aghenghen and 10 Ors. v. Chief Maduku Waghoreghor and Anor. to be the owners and/or owners in possession of Avbredja parcel of land verged pink on survey plan No. G.A. 213/61 lying and situate within the jurisdiction of this Honourable Court are entitled to:

(a) all monies due from and payable by the 1st defendants as rent and/or compensation for the 1st defendants’ user and/or occupation of, and their operations on and/or in, and Avbredia parcel of land aforesaid;

(b) all monies and/or sums due from and payable by the 1st defendants in respec…