OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment): The suit before the lower Court concerned a parcel of land in a place called Ogbunabali by the respondents. The land in dispute, according to the respondents, is owned by the community and that the appellant trespassed on it and claims ownership of the land. The appellant, on his part, claimed to have inherited the land in dispute from his father, as the land was “disvirgined” by his grandfather.
The respondents, as claimants, for themselves and on behalf of the members of the Ogbunabali Community, Port Harcourt, filed a suit against the father of the current appellant before the Port Harcourt Division of the High Court of Rivers State, on 12/04/2001 (see page 1 of the record of appeal). The respondents filed a statement of claim on 24/10/2001. With leave of Court, twice sought and twice obtained, the respondents filed an ultimate amended statement of claim, on 17/05/2016, based on which, their case was determine…