KEKERE-EKUN JCA (Delivering the Lead Judgment): By a writ of summons dated 10 June 1992, filed before the High Court of Rivers State, Port Harcourt Division, the respondents herein, as plaintiffs, instituted an action against the appellants as defendants for: 1. A declaration that by Ogba native lawand customthe plaintiffs having redeemed a pledge by their ancestors are entitled to the customary right of occupancy of that portion of “Ngbele” situate at Obrikom, a plan of which will be filed later in this action. 2. Any other and/or further relief and/or order which this honourable court may deem fit to grant and/or make in the circumstances of this case. They subsequently filed a statement of claim dated 26 October 1992.
In paragraph 17 thereof, they sought the following reliefs:
A declaration that the refund of the pledge sum to the Umu-
Nkaru family of Omoku constitutes a valid redemption of the said pledge under Ogba native law and custom. A declaration that by Ogba native lawand cu…