AKINTAN, JCA (Delivering the Lead Judgment): This is an appeal from the judgment delivered by Okor, J. on 6th May 1999 sitting at Port Harcourt High Court in Rivers State. The action was originally instituted by the present appellant against two defendants: the present respondent as 1st defendant and one Dr. Gogo Abite (doing business in the name of Kpainma Mortuary) as 2nd defendant Okechukwu Ejoh, the eldest son of the plaintiff was later joined by order of court as 3rd defendant.
The plaintiff’s claim before the lower court as set out in paragraph 37 of the statement of claim is as follows:
“(a) Declaration that the plaintiff is the only lawfully/legally married wife of the deceased, Mr. Emmanuel Nnanta Wami Ejoh under the Marriage Act.
(b) An order of mandatory injunction compelling the defendants to release to the plaintiff the corpse of the said Emmanuel Nnanta Ejoh deposited in 2nd defendant’s mortuary at No. 17, Elechi Beach Layout, Port Harcourt.
(c) An order of injunction res…