G. B. A. COKER, J.S.C (Delivering the Leading Judgment): Although the issues for determination in this appeal are not of any immense gravity, the facts upon which those issues are based are exceedingly complicated and confusing. In their original writ, as filed, the parties as well as the claims were as follows:
1.Enyi Pessu (for themselves and on behalf)
2. Akowe Apoh of the Irigbo family of Big Warri) Plaintiffs
3. Erejuwa II, The Olu of Warri
AND
1. Brigbo 2.Whandjan 3. Boyi
4. Window 5.Zebri 6. Whanha Defendants
7. Kataika all of Arotaghan Creek
8. Peremigha Numa (for himself and Numa
family of Ogbe-Ijoh of Arotagha)
CLAIM
The plaintiffs' claim against defendants jointly and severally is for:
(a) a declaration of title to the Creek known as AROTAGHAN lying and situate at Korokoto in the Warri Division.
(b) and against the 1st to 7th defendants the 1st and 2nd plaintiffs claim jointly and severally the sum of 300 pounds being damages for trespass in that on or about the month of …