M. DATTIJO MUHAMMAD, (OFR), J.C.A (Delivering the Leading Judgment): This appeal is against the decision of the Rivers State High Court in suit No. DHC/7/2001 delivered on 8th May 2006.
The Respondents in the appeal, had as plaintiffs at the court below, claimed jointly and severally against the defendants, the appellants herein, per paragraph 12 of their statement of claim for:-
"(i) A declaration that the house of late Madam Asobarabiari Ideriah, situate at Ideriahs compound Abonnema is the family property of all the biological and adopted descendants of late Madam Asobarabiari Ideriah including the claimants and the 1st and 2nd defendants.
(ii) Perpetual injunction restraining the defendants by themselves their servants and agents from disturbing or obstructing the claimants or form in any manner interfering with their rights in the use of the Asobarabiari family property."
Pleading were exchanged and settled by parties.
From their pleadings and the evidence of the three witnesses…