CHIEF R. S. BRUCE-AKUMNGIO CHIEF O. M. ONIA EBE CHIEF F. J. KURUYE TELLA CHIEF DAWART I. TELLA CHIEF CLEMENT E. IKORUBIA (FOR THEMSELVES AND AS REPRESENTATIVES OF THE MEMBERS OF USOKUN VILLAGE IN DEGEMA) V. CHIEF LAW ROMEO HARRY CHIEF JEREMIAH HARRY CHIEF NELSON ODIBO HARRY MR. VICTOR YOUNGMAN HARRY MR. LLYOD GEORGE HARRY DR. MARSHALL SOKARI HARRISON (FOR THEMSELVES AND AS REPRESENTATIVES OF THE MEMBERS OF OBUAMA VILLAGE)

PATS-ACHOLONU, JCA (Delivering the Lead Judgment): This is an appeal against the Ruling of the learned trial Judge in the court below who terminated and disposed of the action in respect of land claims in limine , after a preliminary objection. The plaintiffs/appellants in their amended statement of claim dated 22/4/95 had claimed for declaration of title, damages for trespass and perpetual injunction. The cornerstone of the plaintiffs’ claims seems to rest on paragraphs 13 and 14 of their pleading, A wherein they stated as follows:-

“In 1933, the defendants trespassed unto the plaintiffs’ “Aduejo” land (otherwise known as Njidiekiri land by defendants). In suit No. 23/35 - Abangwo of the plaintiffs sued Segbe Tom Big Harry of the defendants for trespass and injunction and won. The proceedings and judgment in this suit shall be founded upon at the trial. The defendants have since crossed the Harry’s Town to trespass unto the plaintiffs’ Aduejo land verged red awarded in suit No. 23…