HRH CHIEF JERRY O. BURUTOLOU AND ANOR. HON. PAMOH WERINIPRE CHIEF PEREBIRI SUNDAY (FOR THEMSELVES AND ON BEHALF OF MEMBERS OF KAIAMA COMMUNITY) V. MR. OBALAKUMO O. YEIBAKE AND ORS. MR. CLIFORD YEIBAKE MR. DINIPRE YEIBAKE (FOR THEMSELVES AND AS REPRESENTING MEMBERS OF YEIBAKE FAMILY OF KAIAMA)
(2014) JELR 54264 (CA)
Court of Appeal
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CA/PH/309/2013
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28 Nov 2014
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Nigeria
Coram
EJEMBI EKO JCA (Presided) STEPHEN JONAH ADAH JCA (Read the Lead Judgment)
Appearances
U. Saiyou, Esq. - for the Appellants. C
Judgement
<p><strong> ADAH JCA (Delivering the Lead Judgment): </strong> This is an appeal against the decision of the Bayelsa State High Court, Kaiama judicial division delivered by Omukoro, J. on 3 December 2012.</p><p>The appellants who were claimants at the trial court took out a writ of summons against the respondents who were defendants at the trial court on 4 August 2010. By paragraph 20 of the claimants’ statement of claim which is at pages 8 to 9 of the record of appeal, the claimants claimed against the defendants jointly and/or severally the following four reliefs:</p><p>A declaration that as owners in possession of the Iyou (deep swamp) in Kaiama they are entitled to the statutory and or customary right of occupancy of same.</p><p>N5,000,000.00 (five million naira) damages representing trespass to land.</p><p>An order compelling the defendants to refund to the claimants the sum of N1,500,000.00 (one million, five hundred thousand naira only) paid to Mr. Amaran representing costs he incurred in his buying or leasing the burrow pit…</p>