YESUFU OGEDENGBE CHIEF OWOLABI OMOTORIOGUN MR. OLUGBO ABERE MR. AUGUSTINE ATARI MR. AMOS ALARI MR. OGIDI EZEKIEL MR. ALABI OBE V. CHIEF J. E. BALOGUN CHIEF SIMEON OYEOBA CHIEF ORILOYE AROKOBIEKUN CHIEF MICHAEL ADUBIARO (FOR AND ON BEHALF OF THE EKPESA COMMUNITY)

AKAAHS, JCA (Delivering the Lead Judgment): The respondents, as plaintiffs, commenced the action in a representative capacity in suit No. HIG/8/89 in the Igarra Judicial Division of the then Bendel State claiming the following reliefs against the defendants:- “1. A declaration that the plaintiffs are entitled to statutory right of occupancy to all that piece or parcel of farmland lying between Rivers ALUA and IZO and situate at Ekpesa Village, Akoko-Edo Local Government Area, Bendel State.

N250,000.00 (Two hundred and fifty thousand Naira) being damages for acts of trespass committed by the defendants, their representatives, agents and/or servants on the said parcel of farmland.

Perpetual injunction restraining the defendants by themselves , their representatives, agents and/or servants from committing further acts of trespass.”

Pleadings were ordered. The plaintiffs filed their statement of claim on 5/1/90 while a joint statement of defence of 33 paragraphs dated 10/4/ 90 was filed on…