J. A. FABIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division, delivered on 5th June, 2002.
The respondents herein, were the plaintiffs in suit No.YCC/63/95 at the Customary Court, Onopa- Yenagoa filed by them in representative capacity. In their 'Amended Claim ', they claimed against the defendants/appellants herein in a representative capacity i.e. for themselves and as representing Tombo family Unit of Izifa Compound, Ahenfa Epie, yelga, as follows:-
"A. A declaration that the plaintiffs (Izifa Compound) are vested with Customary Right of Occupancy over and covering the piece or parcel of land known and Called Azigene bush situate in Akenfa Epie, Yelga.
B. A declaration that the defendants who are descendants of one of Izifa's daughters are not vested with an exclusive right or better right of ownership (title) than the plaintiffs over the land known and called Azigene bush situate in Akenfa Epie, Yelg…