<p><strong> NSOFOR, JCA (Delivering the Lead Judgment): </strong> This is a double appeal from the decision of the Bayelsa State High Court of Appeal, K. D. Ungbuku, C. J., sitting in Yenegoa on the 21st of October, 1999, on an appeal thereto from the judgment on the 25th of June, 1996 by the Customary Court of Onopa-Yenegoa in suits Nos. YCC/63/95 and YCC/64/95 consolidated.</p><p>The respondents herein were the plaintiffs in suit No. YCC/63/95.</p><p>They prosecuted the suit in a representative capacity, that is to say “for A themselves and as representing Izifa compound, Akenfa Epie, Yelga. By their “amended claim” they had claimed against the defendants sued in a representative capacity i.e. “for themselves and as representing Tombo family unit of Aziza compound, Akenfa, Epie, Yelga”, as follows: “A. A declaration that the plaintiffs (Izifa compound) are vested with customary right of occupancy over and covering the piece or parcel of land known and called Azigene bush situate in Akenfa Epie, Yelga.</p><p>A declaration t…</p>