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FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): In Suit No. W/48/1968 commenced in the High Court of the Mid-Western State sitting in Warri the plaintiffs claimed against the defendants jointly and severally:
"1. A declaration that in accordance with Itsekiri Customary Law, all that piece or parcel of land at Okere, Warri, described in Plan No. WE.2367 filed in this suit and verged PINK is the property of the Ogitsi family of Okere subject only to the overlordship of the Olu of Warri now vested in and exercisable by the Itsekiri Communal Land Trustees by virtue of the Communal Land Rights (Vesting in Trustees) Law 1959 and the Warri Division (Itsekiri Communal Land) Trust Instrument, 1959.
2. A declaration that, in accordance with Itsekiri Customary Law, defendants have forfeited their rights of user and/or occupation and any other rights or estate in or over that part of the land in dispute marked Area "B" and any right they may have in or over that part of the land in disput…