MR. SAMUEL NNANNA AJOKU (JP) & MR. EMENIKE AJOKU V. MR. VICTOR NGABEKWE DIKE & MR. BRIGHT NGABEKWE DIKE (FOR AND ON BEHALF OF MEMBERS OF LATE MR. KINGSLEY N. DIKE FAMILY)

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Judgment):

PROLEGOMENON

The disputed land in this action is known as Npokocha land. It is situate in Rumuosita Village in Eneka in Obio/Akpor Local Government Area of Rivers State. The disputed land is well known to the parties as they both claimed declaration of title and injunctive reliefs for trespass over the land. So, there was a claim and a counterclaim before the lower Court in the action in SUIT NO. PHC/20/2009: MR. SAMUEL N. AJOKU (JP) & ANOR. vs. MR. KINGSLEY N. DIKE.

The action was subjected to a plenary trial where testimonial and documentary evidence was adduced by the parties. In its judgment, which was delivered on 28th November 2013, the lower Court held that the traditional history relied on by the parties was inconclusive and so it dismissed their respective claims for declaration of title to the land. It further held that the evidence adduced by the Respondents established that they were in possession of the dispute…