BARR. BENEDICT ASABORO & ORS V. EMMANUEL ARHE ERHUE & ORS

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellants and the 5th respondent in this Court were the defendants in Suit No. UHC/116/2006 instituted by the 1st 4th respondents in the High Court of Delta State, Ughelli Judicial Division, holden at Ughelli. In the said suit, the 1st 4th respondents, as plaintiffs, claimed in paragraph 37 of their further amended statement of claim as follows:

(a) A declaration that the 1st 4th defendants not being members of Abovwe Family of Otovwodo-Ughelli have trespassed on plaintiffs family land lying and situate along Agbara-Ughelli road known as Akpuvunagha Bush by digging trenches on it preparatory to digging a burrow pit.

(b) An order of perpetual injunction restraining the defendants by themselves, their servants, agents and/or privies from further interfering with the plaintiffs family right over the said land described in relief 1 above, further trespassing on same and/or meddling in any way whatsoever inimical to…