AKINTAN, JCA (Delivering the Lead Judgment): This is an appeal from the judgment delivered on 5th May, 1992 by Ajuyah, J., at Sapele High Court in suit No. W/109/81. The respondents, as plaintiffs, had instituted the action at Warri High Court in a representative capacity for themselves and on behalf of Onoriji family of Ekpan against the appellants (as defendants) for themselves and on behalf of Agadaga family of Ekpan.
The plaintiffs’ claim was for declaration of possessory title and entitlement to certificate of occupancy to a parcel of land at Ekpan, in Warri Judicial Division of Delta State; damages for trespass and injunction restraining the defendants, their agents and servants from further trespassing on the said parcel of land. While the action was pending at the lower court, two of the three original defendants died, thereby leaving only the 1st defendant to continue to defend the action. The only defendant, however, also died after the appeal had been entered in this court…