PATS-ACHOLONU, JCA (Delivering the Lead Judgment): This appeal is against the judgment of Opene, J. (as he then was) sitting at Port Harcourt Judicial Division. It is in respect of the decision of that court in the consolidated suits PHC/36/73 and PHC/37/63. The plaintiffs/respondents have instituted 2 actions against the 1st set of defendants/appellants. Later the 2nd set of defendants applied on behalf of Iboroma family to be joined in the 2 actions. For ease of convenience of trial, the two suits hither mentioned were consolidated. The substance of the action is as follows:-
“A declaration that the plaintiffs are entitled to the customary right of occupancy according to Kalabary Native Law and Custom to all the piece or parcel of land known and called Fubara Polo, Akpana Polo and Dukobo - Ekine land situated at Fouchere Bakana - Deleja.
N200 damages for trespass.
An injunction restraining the defendants by themselves, their agents and or servants from committing further acts of tres…