HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court delivered by Hon. Justice P. O. Onajite Kuejubola (Mrs) on 27th July 2010. The facts that led to this appeal are as follows:
The Respondents herein, who were Plaintiffs at the trial court sued the Appellants herein for a declaration of title to land and an order of perpetual injunction against the Appellants herein.
The Respondents instituted the suit in a representative capacity for themselves and representing the people of Isaba Community in Warri South-West Local Government Area of Delta State. The Appellants also sued the Respondents as counter-claimants at the trial court in a representative capacity representing the people of Ogbe-Sobo (Aladja) in Udu Local Government Area of Delta State. The Respondents instituted the suit at the lower court in 1970. The Appellants filed a counter-claim against the Respondents in 2006.
The claim of the Respo…