ROWLAND, J.C.A. (Delivering the Leading Judgment): At the District Customary Court, Otor-Udu, Delta State, the plaintiff claimed against the defendant as follows:-
(a) A declaration to a customary right of occupancy in respect of the land in dispute called "OGUDUHOR" bush lying at and situate along express road, Ovwian.
(b) An order of perpetual injunction restraining the defendant, her servants, agents and/or privies from further going into the said land to do any damage or anything whatsoever.
After the trial of the case, District Customary Court entered judgment in favour of the plaintiff. The defendant who was dissatisfied appealed to the Okpe Area Customary Court, Orerokpe, where the judgment of the trial court was reversed. The plaintiff then appealed to the High Court Orerokpe in its appellate jurisdiction where the judgment of the Area Customary court was upheld, but for different reasons.
The present appeal to this court by the plaintiff is from the judgment of Ogbodu, J, sit…