OKOYE & ORS
V.
NWAVU & ORS

IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The case started on a seemingly happy note in that the Plaintiffs who are now the Respondents are not laying exclusive claim to the land the subject matter of the dispute but are saying that the land is a jointly and communally owned property of the two parties and they, in their statement of claim asked the Court to declare that this is so with the consequential Order of perpetual injunction which would restrain the defendants, their heirs, agents and others claiming from them from any interference of the Plaintiffs right of enjoyment of the use of the land jointly and communally owned. The Respondents, who brought the action on behalf of themselves and representing their community known as Akpawfu excepting the Appellants, averred that the land in dispute is a joint property of the parties who inherited same from their communal ancestor Oyiwo Ode who as a hunter founded the land. The ancestor while alive warn…