AKINTAN, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff, instituted this action at the Calabar High Court against the three appellants and one Francis Adam Ephraim (now deceased) as defendants. The claim as set out in the amended statement of claim was for:
"(1)A declaration that the land and premises situate at and known as 29. Akim Road/7 Iso Oqua Street, Calabar forms part of the intestate estate of Chief Daniel Etim Oqua deceased.
(2)A declaration that any sale, lease conveyance or anything whatsoever purporting to be an alienation of the said land or part thereof or any building or structure on the said land between the 2nd defendant and 1 st or 3rd or 4th defendants without the consent of the plaintiff as the sole administratix thereof is null and void.
(3)A declaration that the plaintiff as sole administratrix of the Estate of Daniel Etim Oqua (deceased) is entitled to the possession of the said land/houses situate at No. 7 Iso Oqua Street, Calabar.