CHIEF JACOB CLEOPAS BIARIKO & ORS V. CHIEF A.M. EDEH-OGWUILE & ORS

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Judicial Division delivered on 29th May, 1995 in Appeal No. CA/ PH/45/91. That court which I shall hereinafter refer to as the court below, had dismissed the appeal filed by the defendants/appellants against the decision of the Boli High Court that sat in Port Harcourt on 15th January, 1990 and which decreed title to the land known as Oran Inyong Anwasi, delineated and verged red in the plaintiffs/respondents' Plan No. BOE/R.34/85/LD excepting the area called Agbanchichama in favour of the respondents. The trial court (coram Ichoku, J. as he then was) found in favour of the respondents by also awarding general damages against the appellants for trespass.

The appellants in addition, were restrained from committing further acts of trespass on the said respondents' land while the counter-claim filed by the appellants was dismissed in its entirety.

It is pertinent t…