ENAWAKPONMWEN AIGHOBAHI AIGBOGUN OMONOYAN ENOGHABUN EKHORAGBON OZASUWA OMONOYAN (FOR THEMSELVES AND ON BEHALF OF IKHUENBO VILLAGE) V. CHIEF EDOKPAYI AIFUWA OMONUWA EREBOR EVBARUESE UWUMWONSE 1GBINOVIA AIYUDUBIE OKHUOROBO OSABUOHIEN (FOR THEMSELVES AND ON BEHALF OF IGUOMO VILLAGE)

AKAAHS, JCA (Delivering the Lead Judgment): The plaintiffs now respondents, sued the defendants/appellants in a representative capacity before the Abudu High Court presided over by Agun J. And in paragraph 25 of the third further amended statement of claim and reply to counter- claim dated 5th day of May, 1997 and copied on pages 203 - 204 of the records, they claimed the following reliefs:- “(a) A declaration that in accordance with Bini Customary Law and tradition the plaintiffs the people of Iguomo Village Uhunmwode Local Government Area of Edo State are persons vested with all existing rights to the use and occupation of allthat piece or parcel of land lying being and situate at Iguomo Village, in Uhunmwode Local Government Area, verged Pink in Survey Plan No. ISO/BD/1358/87 of 14/10/87 filed in this action.

A declaration that the plaintiffs by virtue of their rights , particularly farming rights and occupation, are deemed the holders of customary rights of occupancy in respect o…