ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, Effurun Judicial Division coram Justice P. O. Onajite - Kuejubola (Mrs) delivered on the 4th November, 2013.
The claim in the lower Court was as follows;
i. A Declaration that all the piece and/or parcel of land along P.T.I. Road (also known as No 1 P.T.I. Road) Enuorere Quaters, Effurun which piece and/or parcel of land consist of UWHE FAMILY COMPOUND including all the premises and appurtenances thereon is the property of the Claimants prior to promulgation of the land use Act.
ii. A Declaration that as owners in actual and constructive possession, the claimants are entitled to the statutory right of Occupancy in respect of the land described in paragraph (1) above
iii. A Declaration that the Defendant’s invasion of the land in peaceable possession of the claimant since the month of February 2008 and the construction of Four stores thereon …