NGWUTA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Delta State High Court, sitting at Effurun, delivered on 16th November, 2000 in suit No. FHC/120/97.
The respondents (then plaintiffs) sued the appellant (as defendant), claiming the following reliefs:-
The plaintiffs’ claim against the defendant is for a declaration that the plaintiffs are the persons entitled to the customary right of occupancy in accordance with the Udu clan customary law of allthat portionof land lyingand situate alongthe Ovwian/ UjeuwuRoad, Ovwina, within the jurisdiction ofthis honourable court.
(b) N10,000,000.00 (ten million naira) being special and general damages, suffered by the plaintiffs when the defendant broke and entered plaintiffs’ family land and destroyed economic trees, fish life by unlawfully emptyingexcreted faeces into the fish ponds for several years despite all protests by the plaintiffs. (c) An order of perpetual injunction restraining the defendan…