OLOGHETE FRENCH (OF ARHIEME FAMILY), ETIEYIBO MOSES (OF OJAIDE FAMILY), OGONIGA JAMES (OF UGHWASEJE FAMILY), EFEYAN EFE (OF EFEYAN FAMILY), HENRY OLUDE (OF ADONOVWE FAMILY), JOHN AKPOYEDE (OF IGHADE FAMILY), ABOLO (OF OKWATA FAMILY), BENARD TOWESHI (OF ADAJOR FAMILY JOINED BY THE ORDER OF THIS COURT MADE ON 27/7.2010) (FOR THEMSELVES AND AS REPRESENTATIVES OF THE RESPECTIVE FAMILIES IN OGIRISEN VILLAGE/AND ON BEHALF OF OGIRISEN COMMUNITY OF OGIRISEN IN SEPELE L.G.A. OF DELTA STATE) V. MR. MACAULEY OMONODE (PRESIDENT ELUME COMMUNITY), DR. AGINO CHRIS IGHO (SECRETARY ELUME COMMUNITY) (FOR THEMSELVES AND AS REPRESENTING ELUME COMMUNITY OF ELUME IN SAPELE L. G. A.), THE SHELL PETROLEUM DEV. CO. LTD., MESHACK ERIHJOVWO (OF AZIZA FAMILY) (SUBSTITUTED BY ORDER OF COURT ON THE 3RD DAY OF DECEMBER, 2012, AS 4TH DEFENDANT.)

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Delta State delivered by Hon. Justice E.N. Emudainohwo on 27th July, 2015, sitting at Sapele in Suit No. S/40/2006.

The Appellants herein as plaintiffs at the trial Court had by their amended statement of claim against the Defendants claimed as follows:

(a) A declaration that claimants' families are the customary owners of all that parcel of land lying, being, and situated at Ogirisen Village in Sapele L.G.A and forming part of the parcel of land in which the 3rd defendant carries out Oil Exploration/Exploitation activities, which said parcel of land is described and delineated in the plaintiffs' litigation plan to be filed in this case.

(b) A declaration that the 1st and 2nd defendants have breached Elume Community Constitution/Collective Agreement of the 19 Villages that make the (sic) land Elume Community.

(c) A declaration that by virtue of the above plainti…