CHRISTOPHER OGBEMUDIA & ORS. V. EKHATOR OTABOR & ORS.

CHIOMA EGONDU NWOSU-IHEME J.C.A. (Delivering the lead judgment): The Suit from which the present appeal emanates was commenced by the Appellants as Plaintiffs at the Area Customary Court sitting at Abudu in Edo State against the Respondents as Defendants. Both parties were of the same IROKHIN Community though of different quarters. While the Appellants hail from OHEN quarters, the Respondents hail from IGIEHEN quarters. The claim before the Customary Court was originally for declaration of title to land, damages for trespass and perpetual injunction. Later the claim was amended twice. The last amendment granted by court was headed "Further Amended Claim and sought the following reliefs at pages 28-28a (34-35) of the Records:

"1. That the Plaintiffs are entitled to enter, farm, harvest their crops in their farms indicated in the Survey Plan No. ER 3579, the land now in dispute.

2. Perpetual injunction restraining the defendants, their servants, agents, or privies from entering the land…