MR. OSIBAKORO OTUEDON V. MR. UCHENNA LIVINUS OFOR

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Delta State High Court delivered on the 5th Day of July, 2017 in Suit No: EHC/305/2015 by Honourable Justice G. E. Gbemre in the Effurun judicial division.

FACTS OF THE CASE:

The Appellant was the Claimant at the Lower Court while the Respondent was the Defendant.

The Appellant is the purported head and accredited representative of the Prince Otuedon family of Ugbolokposo Town. The Appellant’s claim against the Respondent was that sometime in November 2013 in the course of a routine check on his family land at Ugbolokposo, he discovered that the Respondent and his work men and privies had trespassed on a portion of his family land. All efforts to stop the Respondent and his privies from further trespassing thereon proved abortive hence this action at the lower Court with the following claims:

​1. A Declaration that the piece of land lying and situate along Uti Road, Ugbolokposo, cl…