EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This case has a very chequered history. It was first filed in January 1981 and numbered as AHC/56/81 at the High court of Rivers State sitting at Ahoada in Ahoada Judicial Division. When Yenagoa Judicial Division was created out of Ahoada Judicial division it was transferred to the High court at Yenagoa and renumbered as YHC/11/82.
ON 17TH March, 1988 F. F, Tabai, J. (as he then was) delivered judgment in the suit wherein he found inter alia at page 122:
Thus, in the traditional history as to the founder of the land in dispute the evidence of the plaintiffs is slightly stronger and tends therefore to confer a better title to the land in dispute. But in the light of the other competing evidence from the defendants parts of which I have accepted I conceive that it will be inequitable to confine myself to the evidence of traditional history to ascribe title to the land in dispute on any of the parties. According to Oputa, JSC in AWOYA…