CHIEF DOGOOD AKPUFU & ORS V. KENNEDY OBIPO & ORS

CORDELIA IFEOMA JOMBO-OFO, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of Bayelsa State (hereinafter to be referred to as the lower/trial Court) presided over by Hon. Justice E. J. Okara in suit No. OHC/14/2011 and delivered 30th July, 2015.

By way of a writ of summons and a subsequently amended statement of claim, the respondents who at the lower Court were the claimants made the following claims against the defendants who before us are the appellants:

(a) A declaration that the defendants are not entitled to trespass on the Owuru land-bush. The subject matter of this suit, with a view to appropriating it except the portion given to Akpufu by Iwolisi, prominent son of Akurein, the 1st son of Ogori, the founder of Otuogori Community.

(b) A declaration that the action of defendants in encroaching or trespassing on the Owuru Land, not given to the 1st and 2nd Defendants father Akpufu by the claimants through Chief Iwolisi, prominent son…