MUDASHIRU NASIRU ONIYANGI, J.C.A (Delivering the Leading Judgment): The Appellants are claiming in Suit No. EHC/56/2006m filed at the Registry of the High Court of Justice, Effurun Judicial Division, Delta State against the Respondents as Defendants as follows: (see paragraph 16 of the 2nd amended statement of claim on page 52 of the record of appeal).
(i) A declaration that the entry into part of the plaintiffs family piece and/or parcel of land measuring about 100ft by 100ft close to Wellington Hotel without the consent of the Plaintiffs family is wrongful and unlawful.
(ii) Possession of the said portion of land referred to in paragraph (i) above.
(iii) The sum of N10,000,000.00 (Ten million Naira) being special, general, exemplary and aggravated damages for the Defendants acts of trespass on the land.
Issues were joined and the matter went through trial. The fact of the case as can be gleaned from the pleadings is that the Appellants as principal members of Onodjemiku family claimed t…