CHIEF INAMI BANABAS BOUKORU CHIEF KAIAMAOWEI O. OLUKU (FOR THEMSELVES AND AS REPRESENTING THE ENTIRE MEMBERS OF BOWEI (ZIBEZIBE) HOUSE OF IKIBIRI TOWN IN GBARAIN/EKPETIAMA LOCAL GOVERNMENT AREA, BAYELSA STATE) V. CHIEF P. OTUAN EREFIYAI-EWEKE CHIEF SEAMAN EGBEGI CHIEF GEORGE OGBORO (FOR THEMSELVES AND AS REPRESENTING THE ENTIRE MEMBERS OF BEIN (KONO) HOUSE OF IKIBIRI TOWN IN GBARAIN/EKPETIAMA LOCAL GOVERNMENT AREA, BAYELSA STATE)

ORJI-ABADUA JCA (Delivering the Lead Judgment): The civil proceeding leading to this appeal was commenced by the respondents as the plaintiffs before the lower court on 11 January 2001 at the High Court of Bayelsa State sitting at Yenagoa in suit No. YHC/2/2001 by a writ of summons which was later amended by the amended writ of summons filed on 5 June 2002. Consequent upon that, the statement of claim was amended with the leave of the lower court which resulted in an amended statement of claim being filed on 5 June 2006 in which the respondents claimed thus:

“1. A declaration that the plaintiffs are the owners of Onanaowei lake, Isomobou, Buo-bein and Ayala lakes lying, situate and being at Ikibiri town in Gba r a in/Ekpe tia ma Loc a l Gove r nme nt Are a (formerly Yenagoa Local Government Area), Bayelsa State.

A declaration that the plaintiffs are entitled topeaceably and peacefully hold, use and enjoy Onanaowei lake, Isomobou, Buo-bein and Ayala lakes lying, situate and being at Ik…