ISIKURU UYOVWUKERHI V. IBATERE AFONUGHE & ANOR.

OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): The action in the court below was commenced in the Uwherun/Evwreni Customary Court in 1971. On the 4th day of March 1971, the Chief Magistrate, Ughelli, in exercise of his powers as Supervising Authority, transferred the case to the Olomu/Effuruntor Customary Court holden at Umolo, for hearing and determination. Before that Court, the items of claim of the appellants were (in terms stated in the summons):-

"(a)A declaration of title of ownership over a fishing fence known and called Iniemu Fishing Fence lying and situated in Edjuto Creek in Erovie Bush of Uwherun Town;

(b)An injunction to restrain the Defendants, their agents or servants from a further or continued trespass into the said fishing fence in that sometime in two months ago, the Defendants on their own accord went into Edjuto Creek and there at prepared and constructed "Iniemu" fishing fence for fishing purposes without the permission and the consent of the Plaintiff.

…