AUGIE, JCA (Delivering the Lead Judgment): The appellants were the plaintiff in Suit No. HCK/21/91 at the High Court, Kwale in Delta State, and were the defendants in suit No. HCK/5/88. The two suits were later consolidated and the appellants became the defendants in the consolidated suit while the respondents who were the plaintiffs in suit No. HCK/5/98 became the plaintiffs in the consolidated suits. The respondents’ claim is as follows in paragraph 22 of the joint statement of claim in the consolidated suit - A declaration that the plaintiffs are the bona fide possessory joint owners with the Odudu family of all those lands and fish ponds waters therein namely, Onyuku, Onomisan, Ezialukpa, Emenozegbe and Onomono fish ponds/waters lying and situate at Akarai-Obodo Village in Ndokwa Local Government Area within the jurisdiction of this Honourable
Court to be exclusion of the defendants.
(2) A perpetual injunction restraining the defendants, their agents , servants and assigns from …