BA’ABA, JCA (Delivering the Lead Judgment): By a writ of summons and amended statement of claim dated 13/1/92, the appellants, as plaintiffs, commenced an action at the Effurun High Court against the respondents, asdefendants, claiming against them as per paragraph 29 of the amended statement of claim as follows:-
“29. Wherefore, the plaintiffs claim as follows:- 1. A declaration that by virture of the facts/proceedings of suit No. W/12/71 and the agreements dated 1/3/74, 10/ 3/74, 16/3/74 and 15/4/74 thereon, the plaintiffs are persons entitled to statutory right of Occupancy over the piece or parcel of land lying and situate in Otorkporo and Okoribi in Effurun within the jurisdiction of this Honourable Court.
A declaration that by peace agreement entered into on 10th March, 1974 which ratified those of 15/4/73 and 1/3/74 b etween the two f amilies (plaintiffs and defendants), and the judgments referred ti ub rekuef (1 ) above, the verdicts in both suits W/127/74 and W/48/74 (deliv…