MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the leading Judgment): This is an appeal against part of the judgment of A. O. Onovo, J. delivered at the Enugu Judicial Division of the High court of Enugu State delivered on 7th day of October, 2005.
The Respondents as Plaintiffs commenced this action at the High court of Enugu State by a writ of summons dated 18/9/1998.
On 18/11/98, the Respondents filed a joint statement of claim in which they sought in paragraph 10 thereof:
"(a) A declaration that the piece/parcel of land situate and lying at No. 16 Umunevo Street, Ogui New Layout, Enugu together with the buildings thereon was the bonafide property of the late Joseph Kalu Ukpabi until it was sold and conveyed to the 3rd Plaintiff by the 1st and 2nd Plaintiffs as personal representatives of their late father.
(b) A declaration that only the children of the late Joseph Kalu Ukpabi are the proper beneficiaries of his estate.
(c) A declaration that the defendant's claim against the estate o…