CHIEF CLAUDE DIETE-AMANGE CHIEF GIDEON A. OBIENE-OJOKE (ON BEHALF OF AMANGE/OJOKO HOUSES OF NEMBE) CHIEF PEDRO A. EGI-IKATA CHIEF S. I. SAGBE/ORUWARI (ON BEHALF OF IKATA/ORUWARI HOUSES OF NEMBE) V. SYLVESTER MANGE-PEGE MACLEAN T. INAINFE OMUNGU FERMONDE MADAM MERCY OTINI (ON BEHALF OF THEMSELVES AND OTHER MEMBERS OF ATUBI FAMILY OF NEMBE)

AKPIROROH, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Rivers State High Court sitting at Bori, delivered on 16th July, 1990.

The plaintiffs who are the respondents in this appeal claimed from the defendants (appellants) in the court below the following reliefs:

“Declaration of customary right of occupancy to a piece of land known as Korodaba Kiri lying and situate at Obolomabiri Nembe ; Perpetual injunction restraining the defendants, their privies, agents and servants from interfering with the plaintiffs rights of use and enjoyment in and over the said land.

Pleadings were ordered, filed and exchanged. The respondents’ case put briefly in the court below is that the land in dispute was founded by Obolo, the founder of Obolomabiri and situates at the back of Obolomabiri. Obolo used the land in cultivating a specie of banana called Amakorumo Idu. When Obolo died, the land devolved on his first daughter, Atubu according to their custom. Atubu descen…