Chief Dogood Akpufu & Ors V. Kennedy Obipo & Ors (2008)

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CORDELIA IFEOMA JOMBO-OFO, J.C.A.

This appeal emanated from the judgment of the High Court of Bayelsa State (hereinafter to be referred to as the lower/trial Court) presided over by Hon. Justice E. J. Okara in suit No. OHC/14/2011 and delivered 30th July, 2015.

By way of a writ of summons and a subsequently amended statement of claim, the respondents who at the lower Court were the claimants made the following claims against the defendants who before us are the appellants:

(a) A declaration that the defendants are not entitled to trespass on the Owuru land-bush. The subject matter of this suit, with a view to appropriating it except the portion given to Akpufu by Iwolisi, prominent son of Akurein, the 1st son of Ogori, the founder of Otuogori Community.

(b) A declaration that the action of defendants in encroaching or trespassing on the Owuru Land, not given to the 1st and 2nd Defendants father ? Akpufu by the claimants through Chief Iwolisi, prominent son of Akurein, by surveying the land without the knowledge, authority, consent, leave, license,

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permission of the claimants, which surveying was not done in the interest of the Akurien family, or Iwolisi sub-family, is unlawful, wrongful and interference with the common use and general rights of the claimants, which action of the Defendants jointly and severally sound in damages.

(c) The sum of N4,000,000.00 (Four Million Naira only) damages for trespass in that on January, 2011, the defendants without the leave, consent, authority, permission or license of the claimants broke and entered the land of the claimants called Owuru land-bush and surveyed the land, which land is in peaceably possession of the claimants and which land is enjoyed and protected generally by the descendants of the Akurien, the claimants herein.

(d) A perpetual injunction restraining the 1st and 2nd defendants, by themselves, their agents, servants, privies, successors-in-title or any person(s) whomsoever and howsoever, acting, on behalf of the defendants generally or 1st and 2nd Defendants jointly or severally from parading themselves either jointly or severally laying claim or owner(s) of Akurien?s Owuru land-bush or doing anything in the land exercising any act of ownership or

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possessory right whatsoever and howsoever or further recommitting acts of trespass on the land, the subject matter of this suit, except the bust of Owuru land-bush which Chief Iwolisi gave to his 1st and 2nd defendants through Akpufu by Iwolisi a prominent son of Akurien with the support of Akurien family.

(e) An order of perpetual injunction restraining the 3rd Defendant in particular from committing act of renegade by sabotaging the interest of the Iwolisi?s subfamily and that of Akurien larger family by collaborating, colluding, conniving and liaising with the 1st and 2nd Defendants or any person or group of persons whosoever, from laying claim to the claimants? Owuru land or committing act of trespass or laying claim to the said land in consistent with the right of use, occupation by Iwolisi subfamily and or ownership and protection of Owuru land (bush) by the larger Akurien family, except such act of the 3rd defendant is in accordance with interest of the claimants as agreed by the claimants.

(See pages 7 ? 8 and 177 ? 193 respectively of the record of appeal).

?After hearing the evidence of the parties and