KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Rivers State, Port Harcourt Division, delivered on 28 November 2005 in consolidated suits. The court dismissed the plaintiffs’ claims in suit No. AHC/42/80: Samuel Dimkpa and Ors v. Agbo Chioma and Ors. and entered judgment in favour of the plaintiffs in suit No. AHC/37/82: Victor Chioma and Ors. v. Agumagu Dimkpa and Ors. The appellants herein instituted suit No. AHC/42/80 before the old Ahoada Judicial Division of the High Court of Rivers State for themselves and as representatives of Omuosuja family of Omuodu Compound of Akpabu village. They sought the following reliefs against the respondents for themselves and as representatives of Omuikega family of Mbuelu Compound of Akpabu village:
1.A declaration that the plaintiffs are entitled to the customary rights of occupancy to all that piece or parcel of land being part of a larger farmland known and called Agata, belo…