ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Rivers State High Court, sitting in Port Harcourt delivered on 26th July, 2007 in Suit No. PHC/1698/2001. The Respondent, as the claimant at the lower court, sought for the following reliefs. They are:-
"(i) A declaration that the claimant is entitled to the customary right of occupancy in and over all that piece of land forming part of the land known traditionally as OZUASAWO lying and being at Akie-Ama village in Bonny.
(ii) The sum of N5,000,000.00 being damages for trespass committed by the Defendant on the said land in dispute.
(iii) An order of perpetual injunction restraining the defendant either by itself or by its servants, agents, or privies from further entering, encroaching, developing, building or constructing any structure of whatsoever description or committing any act of trespass or waste in any manner whatsoever on the land in dispute."
The Appellant, a…