GALADIMA JCA (Delivering the Lead Judgment): The respondents as plaintiffs instituted an action in suit No. AHC/33/79 on 29 October 1979, against the appellants as defendants at the Ahoada High Court (which case was later transferred to the Port Harcourt High Court). They claimed that they were entitled to the customary right of occupancy and possessory title to the farm land known as and called “Ade-Ikobo Adoghanyomalem” under customary law. The land is said to be lying and situate at Amalem village of Abua Odua District of Ahoada Local Government Area of Rivers State; N10,000.00 (ten thousand naira) being general damages for trespass in and over the land and perpetual injunction restraining the appellants from committing any further acts of trespass in and over the land.
Pleadings were ordered, filed and exchanged. Hearing of the case commenced on 26 September 1990. The respondents led evidence at the trial through the 3rd respondents and called 3 witnesses to testify as PW2, PW3 …