Facts
By the Amended Statement of Claim dated 27th September, 1984, the Respondents filed an action against the Appellants at the High Court of Rivers State for trespass. They sought declaration of title to a piece of land referred to as “Ade-Ikobo Adoghany, Omalem” situated at Amalem Abua Village in the Abua-Odua District of Ahoada, L.G.A. They also claimed damages and injunction against the Appellants. The Appellants, as Defendants, denied the claims against them in their Amended Statement of Defence dated 9th May 1994. The matter proceeded to trial during which the Respondents called four (4) witnesses in proof of their case, while the Appellants called five (5) witnesses in Defence. Survey plans were tendered by consent at the trial and admitted in evidence as Exhibit “A”- for the Respondents and Exhibit “B” – for the Appellants.
At the end of trial, judgement was entered in favour of the Respondents as per their Writ of Summons. Dissatisfied with the judgement of the trial court, the Appellants filed a Notice of Appeal to the Court of Appeal, Port Harcourt Division on six (6) grounds. In its judgement delivered on 10th December 2009, the court below dismissed the Appellants’ appeal for lacking in merit and affirmed the decision of the trial court.
