HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State delivered by Hon. Justice P.J.O. Anigboro on 17th of July, 2009. The facts that led to this appeal are as follows:
By their amended statement of claim, the Respondents as Plaintiffs at the trial Court filed a claim for declaration of title to the Ekeredi Tobufiyekumo land situate in Ebiriba Ogbo bush in Tuomo, in Burutu Local Government Area of Delta State. The Respondents also claimed for damages in trespass, and an injunction. The Respondents called three witnesses including the first Plaintiff while the Appellants called five witnesses including the first Defendant. The Appellants also tendered Exh. A, the verdict of a nine man settlement panel who earlier heard the parties in respect of the dispute over the same land. The case of the Respondents at the trial court is as stated by the 1st Respondent on Pg. 110-115 of the record.
The Responden…