CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the High Court of Rivers State (hereinafter to be referred to as the trial/lower Court), in suit No. IHC/89/2005 presided over by Hon. Justice W. A. Chechey, J.
The concise facts leading to the appeal are that the appellants who before the lower Court are the defendants were sued by the respondents vide a writ of summons issued 1st November, 2005. The respondents sought the following reliefs in their statement of claim filed 12th April, 2006:
1) A declaration that the claimants are entitled to the Right of Occupancy in, over and in respect of the piece or parcel of land situate at and known as Izo Omuodum in Omuoda village of Aluu Community, located on both sides of the new Road (Ada George Road) linking the East/West Road to Airport Road, Omagwa, and shown verged Green in the Claimants’ Survey Plan No. ON/RV070/2006 produced by Onyekwere Njoku, a Registered Surveyor and filed in th…