OGUNTADE JSC (Delivering the Lead Judgment): The respondents were the plaintiffs before the Port-Harcourt High Court where they claimed against the 1st set of appellants as the defendants for: “1. A declaration that the plaintiffs are entitled to the customary right of occupancy according to Kalabari native law and customto all the piece or parcel of land known and called Fubara Polo, Akpana Polo and Dokubo-Ekine Polo land situate at Fouchee Bakana-Delga.
N400.00 damages for trespass.
Injunction restraining the defendants, by themselves, their agents and or servants from committing further acts of trespass thereon.” The respondents brought the suit as the representatives of Dokuboye Ekine, Orubioyo Akapana and Pokiye Fubara families of Efoko Bakana. The 2nd set of appellants who are the representatives of the Iboroma family were on their own application later joined to the suit and were described as the 2nd set of defendants. The parties filed and exchanged pleadings after which the s…