JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State Warri Judicial Division (the trial Court) delivered on 24/2/2016 by Akperi, J., in Suit No. OUHC/147/2004. In the judgment the trial Court granted the claim of the respondents qua plaintiffs against the appellants as defendants and dismissed the counter-claim of the appellants against the respondents.
Aggrieved by the decision, the appellants appealed against the same by the means of a notice of appeal filed on 17/5/2016 which incorporates eight grounds of appeal.
The facts of the case leading to the appeal may be summarized as follows:
The respondents took out a writ of summons against the appellants at the trial Court and in their amended statement of claim sought the following reliefs against them:
1. A declaration that the plaintiffs are entitled to the customary right of occupation of all that piece or parcel of land known, commonly referred to and descri…