AYOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal (Katsina-Alu, JCA, (as he then was), Edozie and Onalaja, JJ.C.A.) dismissing the present appellants' appeal from the decision of the Rivers State High Court (Opene, J., as he then was) whereby the present appellants' claim was dismissed and judgment entered for the present respondents in their cross action.
There were in the High Court, suit No. DHC/31/83 in which the present appellants (referred to in this judgment as "the plaintiffs") sued the present respondents (here referred to as "the defendants") claiming a "declaration of title to land known as "Igogo" situate in Utowogori Town"; damages for trespass; and, injunction; and, a cross-action, suit No. DHC/33/83 in which the defendants sued the plaintiffs seeking a declaration of customary right of occupancy to the same land called "lgogo", this time described as "situated at Onuebum Community in Ogbia District"; damages for…