OBIOMA & 2 ORS
V.
OLOMU & 2 ORS.

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The judgment on appeal before us is in respect of two consolidated Suits W/95/72 and W/110/72. In the first suit, the plaintiffs, who are members of Ebite family claimed a declaration of title to a piece of land on Effurun/Ekpan Road, the plan of which was tendered in the case as Exhibit A, N600.00 damages for trespass and an order for perpetual injunction and any other reliefs. In the cross action filed by the defendants in the first suit, as members of Agbede family, against the plaintiffs, the claim is for a declaration of title to a piece of land on the same road, as stated in the plaintiffs' claim, the plan of which was tendered as Exhibit B and an order of perpetual injunction. The learned trial Judge AKPATA, J., at the Bendel State High Court, sitting at Warri, delivered judgment on the 5th of December, 1974 in favour of the defendants in respect of their cross action but to a smaller area of land which is the same area …