UWAIFO, J.C.A. (Delivering the Leading Judgment): The plaintiffs appealed while the defendants cross appealed against a judgment of Tabai J given on 29 September, 1988 at the High Court, Yenagoa, Rivers State. The reliefs sought by the plaintiffs as finally contained in paragraph 16 of their statement of claim read:
"Wherefore the plaintiffs' claim against the defendants is for a declaration that they are entitled to the fishery (sic) right in every alternative (sic) year or in rotation with the family of Balubou and or any other family or people claiming through that family in and over Pupa lake or pond.
Perpetual injunction restraining the defendants from interfering with the right of the plaintiffs in the use and enjoyment of Pupa in the alternative (sic) years."
From the statement of claim, it would appear the plaintiffs attempted to rely on traditional history and some court judgments in support of their claim. The defendants to some extent also relied on history and court judgme…