OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in the High Court of former Bendel Slate of Nigeria in the Asaba Judicial Division, the plaintiffs representing themselves and the people or family of Umuagu of Illah sued the defendants in respect of a piece or parcel of land situate between the two streams of Iyi-Oliakwukwo to the north and Iyi-Ukwu to the south of the land. The defendants were sued in a representative capacity for and on behalf of the people or family of Ekpechor of Ebu. Pleadings were ordered, filed and exchanged and subsequently amended. The plaintiffs also filed a reply. In the course of the action in the trial High Court, the original 1st and 2nd plaintiffs died and were substituted by Paul N. Nkwo and Vincent Olidun. By order of the court the 4th plaintiff Onyekagba Ogogba was added. The claims of the plaintiffs as per their amended statement of claim are as follows:
"(i) A declaration of the plaintiffs' title to the land in disput…