OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an Appeal against the unanimous decision of the Court of Appeal; Port Harcourt Division (herein after called Court below) delivered on 11th day of December, 2002.
Before the trial Court, the Appellant as Plaintiff had commenced an action by Writ of Summons against the Respondents as Defendants for themselves and as representatives of the Rumuwele family of Remuokwurushe. By the endorsement on the said Writ of Summons, the Appellant had claimed as follows:
"1(i) A declaration that under the Ikwerre native law and custom, the Plaintiff is entitled absolutely to the land known and called "RUGBURU ASASAH LAND" situate at the area commonly referred to as Mile 12 along the Port Harcourt-Aba Road, Port Harcourt.
(ii) A declaration that the Plaintiff is the holder of the statutory right of occupancy over the said land.
2. The sum of ₦3,000,000.00 (Three Million Naira) being damages for trespass committed by the Defendants o…