ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of Charles-Granville (J) in suit No.PHC/478/88 delivered on 18th July 2000 at Port Harcourt High Court Rivers State.
The brief facts of this appeal is that at the lower court, the plaintiffs now respondents who were members of the Gudi Family of Abuloma, Port Harcourt, filed a Writ of Summons dated 13/07/1988 and by their amended statement of claim, they sought for:
"i) Customary Right of Occupation but later amended to Statutory Right of Occupancy situate at Gudi Compound Abuloma.
ii) N50,000.00 General Damages for destruction of crops and economic trees on the said land and,
iii) Perpetual injunction restraining the defendants from committing further trespass on the land in dispute.
The respondents also pleaded a survey plan No.CTH 930 - LD as per their paragraph 3 of the amended statement of claim which they claimed, contained the details of boundaries and important features of the la…