MACULAYOKAFOR OCHEI ADDISON OKOLIE OCHEI GODFREYOSEDUNME NWAOCHEI (FOR THEMSELVES AND ON BEHALF OF OGBEUTU VILLAGE OF ISSELE-UKU) V. ISIUWE NWAMORDI CHUKWUJI NWAMORDI JOSEPH JIGIDE JOHNSON CHIEJINE IFECHUDEI OKONKWOR NWADIJI (FOR THEMSELVES AND ON BEHALF OF UMU ISSOR OF OGBEDIBO QUARTERS OF ISSELE-UKU) GODWIN NWAOSU

MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the decision of the trial court coram Dr. Narebo, J. sitting at the Issele-Uku High Court of Justice Delta State, in which the learned trial Judge allowed the plaintiffs, now respondents, to tender certain documentary evidence in a previous proceedings through a counsel from the Bar in the current trial.

The plaintiffs/respondents in their 5th further amended statement of claim filed on 11/6/96 and claimed against the defendants jointly and severally as follows:-

A declaration that the plaintiffs, the people of Ogbeutu Village of Issele-Uku are persons vested with all existing right to the use and occupation of all that piece or parcel of land lying being and situate at Ogbeutu village of Issele-Uku in Aniocha Government Area of Delta State verged brown in survey plan No. ISO/BD/250A/90 dated 17/5/90 and filed in this action, and by virtue of their rights, particularly farming rights and occ…