UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, sitting at the Warri Judicial Division which was delivered on 29th May 1996. The Appellant herein, as Plaintiff in the lower court instituted proceedings in Suit No. M/31/83 against the first set of Respondents herein, as Defendants, claiming for the following reliefs:
1. A declaration that the developed land verged green and yellow in part "A" of the Plaintiffs' survey Plan No. TJBD 1067 filed with this claim sometimes known as the defunct 2nd Okere Union School Compound is the land of the Nikagbatse-Oki family of Okere, Warri.
2. An order of ejectment of the Defendants from the said land, that is to say, that the Plaintiffs to recover possession of the premises known as the defunct 2nd Okere Union School Compound verged green and yellow in part "A" of the survey plan No. TJBD 1067 on the ground that the Plaintiffs are entitled to possession and…