FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of Delta State High Court sitting at the Orerokpe Judicial Division in Suit No. HOR/54/2009 delivered on the 17-10-2013 wherein the Court gave judgment in favour of the Respondents who were Plaintiffs granting the reliefs claimed by the Respondents against the Appellant who were Defendant.
By paragraph 18 of the Respondents' 1st Further Amended Statement of Claim dated the 12-3-2013 the Respondents as Plaintiffs claimed against the Appellant as Defendant as follows:
"WHEREFORE the Claimants have suffered damages as a result of the acts of the Defendant and they claim from the defendant as follows:
1. A Declaration that the Claimants as owners in possession are the persons entitled to the statutory rights of occupancy over all that piece or parcel of land measuring about 166 feet by 116 feet lying and situate at a point within the expanse of land founded by Onojighofia of Blessed Memory …