PASTOR PHILIP IWEALA NENEH V. MISS EVELYN NWANYI OLA, MISS OKWAKWOM OLA & MISS OLA NENEH

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is an offshoot of the decision of the Rivers State High Court (hereinafter to be known as the lower/trial Court) in suit No. PHC/496/98, presided over by Hon. Justice O. Daniel-Kalio J. (as he then was) and delivered 30th July, 2009.

STATEMENT OF FACTS

Pursuant to an Amended Writ of Summons issued 23rd January, 2003 and an Amended Statement of Claim filed same date, the claimant at the lower Court who before us is the appellant sought as follows against the defendants (herein the respondents) :

1. A declaration that the plaintiff is the owner in possession under Ikwerre native law and custom applicable in Ogbogoro Town Obio/Akpor Local Government Area, Rivers State and is therefore entitled to the Right of Occupancy in and over that piece or parcel of homestead land bounded on the Western and Northern sides by Rumuodor family land, on the Eastern side by Rumubisior/Rumukpalikwu-Ada family land and on the Sou…