<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>