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KOLAWOLE, J.C.A. (Delivering the Leading Judgment): On 17th June, 1985, Dagogo-Manuel, J. of the Port Harcourt Judicial Division of the High Court of Rivers State entered judgment in favour of the plaintiffs in the following terms:
"...I exercise my discretion in favour of the members of Opolo Villages and declare in their favour a customary right of occupancy over the disputed lands namely KALIAMA and OKOBEDE or OKORIA. These areas are pink in the plan marked Exhibit "A" and are within the larger area, verged Green in Exhibit "A". I also award them N200 as general damages for trespass and order an injunction against the members of Okutukutu and Etegwe villages from committing any further acts of trespass on those lands."
The plaintiffs instituted the action on 19 April, 1972. They were granted leave by the court to sue in a representative capacity on their behalf and on behalf of other members of the Opolo Village. Pleadings were ordered on 29 May, 1972. There were 17 defendants orig…