EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): Before the Rivers State High Court (Coram: B.A. Georgewill, J) was the suit of the appellants, as the claimants, against the Respondents, as defendants, brought under the originating summons. The appellants were "claiming for an order that they do recover possession of land measuring 100 x 50 feet commonly known as Ohia Azuoro at Rumuodara Obio/Akpor Local Government Area on the ground that they are entitled to the possession and that the person(s) in occupation (are) in occupation without their license or consent."
The appellant, claimants, claimed to be suing for themselves and on behalf of Chinwo's family. The three named appellants and the 1st Respondent are brothers.
Their father is the 2nd Respondent, Elder Jacob Chinwo. The undisputed fact on the record shows that Elder Jacob Chinwo, 2nd Respondent, is the owner "of the disputed land. It is alleged in the supporting affidavit, that is the basis of the suit, that 2nd Responde…