KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice. Ankpa, the appellants, as plaintiffs, commenced an action, by writ of summons dated 5th September, 1989, against the present respondents, as defendants, claiming the following reliefs:
"(1) A declaration that the plaintiffs are entitled to the Customary right of occupancy of the piece or parcel of land situate and extending from the Northern bank of the stream known and referred to as Aji Igbi on the South East of Okaba to the Otohu stream on the North West, and the economic trees thereon.
(2) A declaration that the people of Onupi who reside at and around Eti-Ede Okaba are customary tenants of Okaba-Community.
(3) A declaration that Aji-Ajigbi stream is the boundary between the lands of the Onupi Community who migrated from Ochecheke on the South East and the Okaba Community.
(4) A perpetual injunction restraining Onupi Community, their agents and or servants from denying the title of their landlord …