NEWMAN OLODO WISDOM NEWMAN GERSHOM NEWMAN GRANVILLE NEWMAN ONUM EYA NEWMAN GODWILL NEWMAN OKPEYA NEWMAN OTAVIE NEWMAN LUCKY NEWMAN DOGOOD OBEDIAH CHUKWU JORAM (FOR THEMSELVES AND REPRESENTING TOMBO FAMILY/ UNIT OF IZIFA COMPOUND AKENFA-EPIE YENEGOA LOCAL GOVERNMENT AREA) V. CHIEF BURTON M. JOSIAH CHIEF SYLVANUS AKPALO MR. OKPOTO LYON MR. AKIDA MAXWELL MR. KWOTE NATHAN MR. PIUS NATHAN HELPME OGO GODFREY OGO PRINCE YAZI OKPOSO SHEDUER ABAS CROWDER JOHNSON (FOR THEMSELVES AND AS REPRESENTING IZIFA COMPOUND OF AKENFA)
(2002) JELR 53869 (CA)
Court of Appeal
•
5 Jun 2002
•
Nigeria
Coram
SYLVANUS ADIEWERE NSOFOR, JCA (Read the Lead Judgment) ABOYI JOHN IKONGBEH, JCA
Appearances
J. H. Igbikiberesima Esq., (with him, Miss B. E. Paul) - for the Appellants.
-*-
I. I. Evans, Esq. - for the Respondents.
Judgement
<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>