TUNDE OYEBANJI AWOTOYE, J.C.A (Delivering the Leading Judgment): This is the appeal against the judgment of Rivers State High Court delivered on 14/01/2000.
The plaintiff now the Respondent in this appeal had claimed against the defendants as follows:-
"11. WHEREFORE Plaintiff claims as follows:
(1) A declaration that the Plaintiff is entitled to the statutory right of occupancy to all that piece of parcel of land, known as and called "EKWU MGBAKIRI" situate and lying at Rumueme along the Port Harcourt Owerri Road in Obio/Akpor Local Government Area of Rivers State.
(2) Perpetual injunction restraining the Defendants, their servants and agents and all that those claiming through them from interfering with the right of the plaintiff in an over the said land".
The defendants in reaction filed statement of defence and counterclaimed against the plaintiff as follows:
"WHEREFORE the Defendants counter-claim against the plaintiff:
(i) A declaration that the Rumuchida village as represented …