DZAMEFE, JA
The plaintiff/appellant, referred to as the plaintiff issued this writ against the defendant/respondents, also referred to as the defendants for the following claims;-
a. Declaration of title to all that piece or parcel of land particularly described at paragraph 3 of the statement of claim.
b. Recovery of possession of the area designated to defendants as cemetery.
c. Perpetual injunction restraining the defendants, their servants, workmen, assigns etc. from burying dead bodies at the site designated for burial near the Jorpa stream.
The plaintiff in his statement of claim averred that he is the head of the Manya Clan of Jorpanya of Shai State and bring this action for himself and on behalf of the Manya Clan of the Shai State.
He described the land in issue at paragraph 3 of his statement of claim thus;-“Manya clan of Jorpanya are the owners of a large tract of Land situate at Jorpanya (Manya) and is approximately 3020.118 acres or 1222.2 hectares and is bounded in the North b…