Judgment
OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment) : This judgment concerns one of two appeals. The two appeals arose from two suits. The two suits were heard together and determined together. Justice E. N. Thompson signed the judgment, which emanated from the Isiokpo Judicial Division of the High Court of Rivers State. The judgment on appeal is dated 27/07/2016 and lies at pages 435-462 of the record of appeal transmitted in appeal number CA/PH/332/2017, though its content is same with those in appeal no. CA/PH/483/2016, which grew out of suit no. AHC/25/1984.
Those are the numbers of the two appeals before us. The two appeals were heard together. Background Facts Since there is no complaint about inaccuracy of what was stated by the lower Court at pages 436-441 of the record of appeal, I will rely on the background facts narrated by the lower Court, as follows: “The Claimants in the consolidated instituted Suit No AHC/25/83 on 25th April, 1983 with the following reliefs: “i. N20,000 being special and general damages for trespass. ii.
Perpetual injunction to restrain the Defendants, their agents from committing further acts of trespass in the said land.” The Claimants filed their Statement of Claim which was amended. The last amendment was the Further Amended Statement of Claim filed on the 27th February 2008 which had the following reliefs: “i. A declaration that the Claimants are entitled to the customary right of occupancy in respect of the land in dispute situate at Ogbogolo Community and verged pink in plan No. BOE/R2/84-LD. ii. N5,000,000.00 (Five Million Naira) general damages. iii.
Order of perpetual injunction restraining the Defendants, their privies, agents (sic) from continuing further acts of trespass on the land in dispute and in whatever manner tampering with the land in dispute.” The Defendants filed a defence which was also amended. The last amendment was the Further Amended Statement of Defence filed on the 15th August 2013. The Defendants also filed a cross action on 9th April 1984 in Suit No. AHC/44/84. The Defendants as Claimants in the cross action claimed the following reliefs: “a.
A declaration that the Claimants are by Abua Customary Law entitled to the right of Occupancy over the piece or parcel of land known and called Edum-Ogboko land situate at Egunughan village along the bank of Orashi river, covered by survey plan No. ICO/RV/2013/002LD dated the 15/6/2013 by Nze (Surveyor) Ifeanyi Okoye, licensed surveyor and is filed with this amended statement of claim. b. A claim for forfeiture of the customary tenancy held by the Defendants over the said land. c.
