GUMEL JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Delta State High Court, Orerokpe Judicial Division in suit No. HOR/15/88. The action leading to this appeal was commenced by the appellants as plaintiffs for themselves and on behalf of Idjakpa family of Kokori against the respondent as the defendant. Later the defendant became a defendant for herself and also, in a representative capacity, on behalf of Omokoro family of Ushue Street, Kokori. The claim as endorsed on the amended statement of claim of the plaintiffs dated 12 December 1994 was for a declaration of title in respect of a piece of land in Kokori and for damages for trespass as well as an order of perpetual injunction to restrain the defendants and/or their agents or privies from further acts of trespass unto the said piece of land.
The claim of the plaintiffs is based on traditional history and Kokori native law and custom. According to the plaintiffs, their father was Idjakpa who had on…