FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olukole, J. sitting at the High Court of Justice, Port Harcourt, Rivers State of Nigeria on the 12th day of May, 1994.
At the court below, parties initiated two suits which were, by oral application, consolidated for hearing. The respondents herein, as plaintiffs at the trial court, filed suit No. AHC/12/82 against the appellants herein, as defendants at the trial court and claimed in paragraph 21 of their statement of claim at page 52 of the transcript record of appeal as follows:
"(a) Declaration to a customary right of occupancy over all that piece or parcel of land known as and called 'Mbide land' situate at Oboburu town in ALGA.
(b) N5,000.00 general damages for trespass.
(c) A perpetual injunction restraining the defendants, their agents or servants from entering the land or doing any manner of work whatsoever on the land."
The appellants herein later initiated suit No. AHC/17/82 as pla…