MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): This judgment is predicated on the appeal by the Appellant against the judgment of the High Court of Delta State, Ogwashi-Uku Judicial Division delivered on 19th December 2014.
The fact of the case as can be gathered from the evidence of both parties is that one Chief J.D. Mordi, the Ihaza of Ogwashi Uku now deceased sometime in 1981 and in accordance with the prevailing custom in Umu-Okwe quarters was said to have requested from the principal family members (the Diokpa) for a grant of a piece of land from the family land and was so granted. It is the claim of the Appellants that upon his demise, he inherited the land from their father Chief J.D. Mordi (Deceased). They took possession of the land and in the year 2005 they noticed a trespasser on the land in person of Chief Dr. C.O. Enujeilo on the land and which they resisted. In 2010 again they noticed another trespasser on the land who are now identified as the Defe…