S. U. ONU, J.S.C. (Delivering the Leading Judgment): This appeal which relates to land disputes originated from the Warri High Court of the Warri Judicial Division, of the defunct Mid-Western State of Nigeria but later of the defunct Bendel (and now Delta State). It composed of six separate suits which by the order of the trial High Court and by the consent of the parties thereto dated 20th May, 1976, were consolidated into single suit. The suits consolidated were Nos. W/75/74, W/10/75, W/103/75, W/104/75, W/147/75 and W/160/75 in which the communities, families, villages, etc. to which the parties belong, sued or were sued in a representative and/or personal capacities. In the order of consolidation, the plaintiffs in two of the aforementioned actions vide W/147 /75 and W/160/75, who were alone in claiming the entire land in dispute were designated as "plaintiffs" whilst the others, vide W/75/74, W/10/75, W/103/75 and W/104/75 were designated "defendants."
In the some what chequered …