CHIEF (DR.) MR. WILLIAM KEMMER DEPUTY CHIEF SIMEON O. KEMMER MR. OKPARAN SINTE MR. S. A. GBALIKUMA MR. A. S. ODUMO (FOR THEMSELVES AND AS REPRESENTING THE KEMMER HOUSE OF TWON BRASS IN BRASS LGA, BAYELSA STATE) V. MR. OTUKA OKOLO ( SUBSTITUTED BY DEPUTY CHIEF B. K. OKOLO ) DEPUTY CHIEF B. M. CAMERON ( SUBSTITUTED BY CHIEF N. OIFIELATE ) MR. KELSEY ATOLUBO BRAAH (SUBSTITUTED BY CHIEF S. T. A. ZIDIRI WARIBUGO FOR THEMSELVES AND ON BEHALF OF THE CAMERON HOUSE OF TWON BRASS IN BRASS LGA) V. CHIEF (PROF) C.T.I. ODU-CAMERON CHEIF H. DIRIBODI-OPUENE (SUBSTITUTED BY CHIEF S.T.A. ZIDIRI WARIBUGO FOR THEMSELVES AND ON BEHALF OF THE CAMERON HOUSE OF TWON BRASS IN BRASS LGA)

EKO JCA (Delivering the Lead Judgment): On 12 July 1994, the appellants as plaintiffs, took out a writ of summons with the following reliefs endorsed thereon:

A declaration that the plaintiffs are entitled to the customary right of occupancy of all that piece or parcel of land known as“Oruwari Kiri” or “Kemmer Town” situate and lying at Kemmer Town in Twon Brass in Brass Local Government Area of Rivers State (as it was then) of Nigeria. 50,000 (Fifty thousand naira), being damages for continued trespass on the land in that the defendants despite repeated demands to desist from further acts of trespass, have continued to be on the land since after 31 March 1993. Perpetual injunction, restraining the defendants, their agents and those claiming through them form further committing acts of trespass on the land of the plaintiffs. The claims are repeated in the amended statement of claim. The plaintiffs filed the plan of the area they lay their claim of title to. The area is said to be ver…