CHIEF ALBERT ALIKOR & ORS. V. REV. CHIEF M.W. OGWO & ORS.

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): On the 13th December, 1999, the Respondents who were the Plaintiffs in the lower Court filed an amended statement of claim, claiming from the Appellants who were then Defendants the following reliefs:

"WHEREFORE, THE Plaintiffs claim from the Defendants the reliefs/remedies:

(a) A declaration that the statutory right of occupancy in respect of that piece or parcel of land lying and situate at Awhua/Ahua village, Omagwa, Isiokpo in the Ikwerre/Etche Local Government Area, otherwise known as and called 'EKWU OMEKTU AGWUO-NUAWHUA, rests in the Plaintiffs.

(b) N1,000,000.00 being general damages for trespass.

(c) A perpetual injunction restraining the Defendants jointly and severally, personally and through their servants, and/or agents, privies and representatives in interest from committing further trespass on the land in dispute."

The Appellants as Defendants in an amended statement of claim in paragraph 7 thereof averred thu…