MR. HAROLD ANEKE & MRS. CHIDINMA ANEKE V. MR. ZEDIE BEN IDE, MR. CHRISTIAN BEN IDE, MR. PETER BEN IDE & MR. BOKIE BEN IDE (SUING FOR THEMSELVES AND ON BEHALF OF THE CHILDREN/FAMILY OF BEN IDE OF YENEZUE-EPIE, YENEGOA, BAYELSA STATE)

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Bayelsa State (hereinafter to be known as the lower/trial Court) per Hon. Justice T. I. Cocodia, sitting at Yenagoa Division, delivered 12th October, 2016 in suit No. YHC/56/2014 Between: Mr. Zedie Ben Ide and 3 Ors and Mr. Harold Aneke and Anor.

BRIEF FACTS

By a writ of summons issued 1st April, 2014 the claimants at the lower Court claimed ownership in possession of the parcel of land called Egbos., trespass on the land, restrictive injunction and an award of damages against the defendants. Pleadings were duly exchanged and issues joined by the parties. Hearing commenced, in the course of which the 3rd respondent testified and was cross examined as the CW1. On 7th March, 2016, the CW1 under cross-examination and as can be gleaned at page 164 of the record of appeal, said inter alia:

"..Yes Professor Christopher Ide travelled to the U. S. about 1972.."

In the subse…