ABDU DOGO, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the whole decision/judgment of the Customary Court of Appeal, Kogi State, delivered on 30th March, 2023, Coram: I. A. Jibril, L. N. Animoku and C. E. Toluwase, JJCCA which allowed the appeal of the present Respondents, set aside the decision of the Upper Area Court 1, Lokoja delivered on 14th April, 2022, and entered judgment in favour of the Respondents.
BACKGROUND FACTS
The Respondents, as Plaintiffs before the trial Court, commenced this action in a representative capacity for themselves and on behalf of the entire Kapu Community of Kupa District, Lokoja Local Government Area of Kogi State, by an Amended Civil Summons dated 31st May, 2017, wherein they claimed as follows:
i. “A declaration that, the Plaintiffs are the customary owners and are entitled to the customary Right of Occupancy of Kapu Land from the Northern part together with the ponds thereof situate and lying at Kapu in Lokoja Local Government Area of…