VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): In the High Court of Rivers State of Nigeria, in the Port Harcourt Judicial Division holden in Port Harcourt in Suit No. PHC/227187 the plaintiff claimed against the defendant
(i) A declaration that the plaintiffs are entitled to the right of occupancy over and in respect of the land known as and called "Eli Wopara" on Ohia Aboyi Wopara situate at Eledo; more particularly shown on plan No.LSAR 07/88,
(ii) N10,000 damages for trespass,
(iii) A perpetual injunction restraining the defendants, their servants/agents from howsoever committing further acts of trespass to the land in dispute."
The defendant deny the plaintiff's claim and the matter went for trial before Ichoku, J., the trial Chief Judge of River State, who delivered judgment in the suit on 10th July, 2001.
In the judgment, the trial Chief Judge held that the two parties, the plaintiff and the defendant found their respective claim and defenses on tradit…