S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): This appeal arose out of two consolidated suits in the High Court of former Bendel State which went on appeal to Court of Appeal, Benin branch. The two suits were first heard at Kwale but for reasons not found in the record, and not explained in this court, the matter was transferred to Ogwashi-Uku division of the High Court, on the very date the Kwale High Court was to deliver judgment in the matter.
The respondents herein were the plaintiffs in the consolidated suit while the appellants were made the defendants. The plaintiffs called the land in dispute "Agwe Umuofu" and the defendants called it "Agwe Udema". But the land is the same; there is no dispute as to its identity. In the course of trial at Ogwashi-Uku the respondents intermittently called the same land "Agwe Utchi" and in a motion amended their claim to include declaration of title. Thus the plaintiffs claimed:
(i) title to the land which is an island in River Nig…