In the Supreme Court
On FRIDAY, 13 JULY, 2001
SC.61/1995
Before Their Lordships
ADOLPHUS GODWIN KARIBI-WHYTE JSC
EMANUEL OBIOMA OGWUEGBU JSC
ANTHONY IKECHUKWU IGUH JSC
ALOYSIUS IYORGYER KATSINA-ALU JSC
EMMANUEL OLAYINKA AYOOLA JSC. JSC
Between
.CHIEF MENE KENON
NASARBAKOR
YOYONDOKO.
And
CHIEF ALBERT TEKAM
This appeal started with the institution of suits Nos. PHC/9/70 and PHC/113/72 which were consolidated by the agreement of both parties. The respondents in this appeal were the plaintiffs in suit No. PHC/9/70 and defendants in suit No. PHC/113/72. After the consolidation, plaintiffs in suit No. PHC/9/70 became plaintiffs in the consolidated suits while the plaintiffs in suit No. PHC/113/72 became defendants and they are appellants in the Supreme Court. The respondents as plaintiffs in Suit No.PHC/9/70 sued the defendants claiming declaration of title to land, damages and injunction. In Suit No. PHC/113/72 which is a cross-action the plaintiffs who are defendants in the consolidated suits also claimed declaration of title to land, damages and injunction. Both parties relied on traditional history and acts of ownership and possession at the trial. At the end of the trial the trial judge gave judgment in favour of the plaintiffs and dismissed the defendants' cross-action. The defendants appealed to the Court of Appeal, Port Harcourt Division and their appeal was dismissed hence the further appeal to the Supreme Court.