OGBA & ORS.
V.
ONWUZO & ANOR.

AKINTAN, J.S.C. (Delivering the Leading Judgment): The present respondents were the plaintiffs while the present appellants were the defendants in this action which was instituted at the Ahoada Judicial Division of the High Court of Rivers State. The plaintiffs sued in a representative capacity and it was suit No. AHC/49/82. The plaintiff's claim as set out in paragraph 22 of the amended statement of claim, was for a declaration of customary right of occupancy to the parcel of land known as Eli Agba Osimini lying and being at Agba, Ndele in Ikwerre district of Kelga in River State; N2,000 damages for trespass; and perpetual injunction restraining the defendants, their servants or agents from further acts of trespass on the said plaintiffs' land. Pleadings were filed and exchanged and the trial thereafter took place before Okor, J. The parties led evidence in line with their respective pleadings. At the end of the proceedings and addresses of counsel, the learned Judge delivered his re…