JAKIVE OGBENI OPHUKOMUAYE KWAMRENA BOGUN DAFALE (FOR THEMSELVES AND ON BEHALF OF EKREZE FAMILY OF USIEFRUN) V. KAMARO CHACHORO KONI TOYO (FOR THEMSELVES AND ON BEHALF OF OKPEKPE FAMILY OF USIEFRUN)

BA’ABA, JCA (Delivering the Lead Judgment): This is an interlocutory appeal, against the ruling of the Delta State High Court, holden at Otu- Jeremi, in Suit No. HCG/9/95, delivered on 20/11/97. The respondents were the plaintiffs before the trial court, where they instituted an action against the appellants who were the defendants, as per the endorsed writ of summons, claiming, jointly and severally as follows:-

‘1. A declaration that the plaintiffs as owners in possession are the persons entitled to the statutory right of occupancy over all that piece or parcel of land called and referred to as Orieruorho farmland bounded by Udjugbo stream, Urhode stream and a confluence of both Udjugbo and Urhobo stream at the Orhuwhorun end of the land and on the fourth side by a fence and animal trap of one late Gege. 2 . The sum of N10,000,000.00 (Ten Million Naira) only being special and general damages suffered by the plaintiffs when sometime in 1993 the defendants by themselves, their servan…