ONOSIAHERHOVWE EKERI & ANOR V. EDO KIMISEDE & ORS.

M. BELLO, J.S.C. (Delivering the Leading Judgment): This appeal relates to two actions which were consolidated and tried together in the High Court, Ughelli.

The first action was Suit No. UHC/40/69 filed in the Ughelli High Court in which the members of Ikrisuovwa family, who were the plaintiffs, claimed against the people of Kiagbodo village for:

(1)A declaration of title to a parcel of land forming part of IDJERHE land which lies and is situated between Ovwodokpokpo village of Olomu Clan and Kiagbodo village.

(2)The sum of 200 pounds being special and general damages for trespass committed on the said land by the Kiagbodo people in November 1969.

(3)A perpetual injunction restraining the people of Kiagbodo, their agents or any person acting through or for them from committing further acts of trespass on the said land.

The area of the land which is the subject matter of the claim in the Suit No. UHC/40/69 is verged green in the plaintiffs' survey plan No. TJM 903.

The second action w…