FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Delta State presided over by K. O. OKPU, J sitting at the Oghara Judicial Division and delivered on the 19th day of June, 2013 wherein the Court granted the Respondents their claims for declaration of title, damages for trespass, perpetual injunction and demolition order in respect of a piece of land situated at Akpulu Ugbo land of lyase Ogbeosowa family Asaba, Oshimili South Local Government Area, Delta State.
By Writ of Summons filed on the 5th day of June, 2003, Late Obieze Anyamene for himself and on behalf of the Plaintiffs who were Respondents herein claimed title to Statutory Right of Occupancy as well as other reliefs over a parcel of land situated in Asaba, Delta State against one Christopher Uyaelumor. At paragraph 18 of the Further Amended Statement of Claim, the Respondents claimed as follows:
1. A Declaration that the Plaintiffs are entitled to Statuto…