MR. ORHIRE EGHIROPHE, MR. JOHNSON RHAPHE (FOR THEMSELVES AND ON BEHALF OF DJEJOVWO FAMILY) V. HITLER JEDJE, BENAND ENAVWORHO, SMITH AKOKE AWE (FOR THEMSELVES AND ON BEHALF OF ERIDI, IGONI AND DUDUBE FAMILY OF EKROVIE QUARTERS OF EMEDADJA, UDU CLAN)

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State Warri Judicial Division (the trial Court) delivered on 24/2/2016 by Akperi, J., in Suit No. OUHC/147/2004. In the judgment the trial Court granted the claim of the respondents qua plaintiffs against the appellants as defendants and dismissed the counter-claim of the appellants against the respondents.

Aggrieved by the decision, the appellants appealed against the same by the means of a notice of appeal filed on 17/5/2016 which incorporates eight grounds of appeal.

The facts of the case leading to the appeal may be summarized as follows:

The respondents took out a writ of summons against the appellants at the trial Court and in their amended statement of claim sought the following reliefs against them:

​1. A declaration that the plaintiffs are entitled to the customary right of occupation of all that piece or parcel of land known, commonly referred to and descri…