CHIEF B.A.M.E. AWANI & ORS V. EREJUWA II THE OLU OF WARRI & ORS.

ALEXANDER, C.J.N. (Delivering the Leading Judgment): The appellants in this appeal (hereinafter referred to as "the applicants/appellants") had applied in the High Court of the former Midwestern State (now Bendel State) of Nigeria at Warri Judicial Division for an order allowing them to join and defend Suit No.W/115/1960 for themselves and on behalf of the Abbor-Tosan-Fiyee section of Ekpenede/Ogitsi family of Okere, Warri. Suit No.W/115/1969 was pending in the High Court at the material time. The claim before the High Court, as amended before the date of the application was as follows -

1. A declaration that the first plaintiff is the overlord in accordance with Itsekiri Customary Law of all that piece or parcel of land situate in the New Ode-Itsekiri Layout at Ekurede village, Warri Division within the jurisdiction of this court and measuring about 44.47 acres as shown in survey plan No.T.J.M. 584 attached to the document registered as No.20 at page 20 in Volume 75 of the Land Regis…