WALTER SAMUEL NKANU ONNOGHEN, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Holden at Benin City in appeal No. CA/B/66/96 delivered on the 19th day of July, 1998 in which the court allowed the appeal of the present respondents against the judgment of the Delta state High Court Holden at WARRI in suit No. W./135/71 delivered on the 25th day of August, 1995 in favour of the present appellants who were the plaintiffs before the court.
The appellants, then plaintiffs instituted the suit against the respondents, as defendants claiming the following reliefs in paragraph 24(2) of the still Further Amended statement of Claim:
"(a) A declaration of title to all those pieces of land lying and situate at and known as Ayiboubou (Ayebo) land, Kriseibou (Krise) land, Oruamabou land on the right (north) bank of Buloutoru Creek and collectively known and called Ojobodo - Ogbo land in the neighbourhood of Ojobo Village in the then Western Ijaw D…