CHIEF JUSTUS UDUEDO AKPOR V.ODHOGU IGUORIGUO & ORS

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): In this action the plaintiff, represented by Chief Justus Uduedo Iguoriguo, is the Odhe Branch of the Emeni family of Irri town in the Isoko Administrative Division of Bendel (formerly, Midwestern) State of Nigeria and the defendant, represented by Odhogu Iguoriguo and four others, is the Ateme family of the same town in the same Administrative Division. We have before us an appeal by the said Ateme family from a judgment of the High Court of Midwestern (now, Bendel) State holden at Ughelli in favour of the plaintiff (in this judgment hereafter also referred to as the "Odhe-Emeni family") by which the Odhe-Emeni family was granted:

"(a) A declaration of title to the piece or parcel of land known and called EDHERIUWA in Irri bush and which area is shown described and verged pink on the Survey Plan No. TJN 911 marked Exhibit 'A' in these proceedings; and

(b) N50.00 damages for the trespass;

(c) an order of permanent injunction against…