I. T. MUHAMMAD, J.S.C (Delivering the Leading Judgment): From available facts contained in the printed record of appeal, both the plaintiffs and the defendants before the High Court of the then old Bendel State (trial court) were of same family i.e. OMOYWIARE, family of IGWREKPOKPO village in Ughelli Local Government Area. The plaintiffs claimed to sue for themselves and on behalf of the said family. The defendants were sued in their individual capacities. They denied that the plaintiffs were suing on behalf of Omovwiare family as the plaintiffs did not seek or had the consent of that family.
The dispute was on land which formed part of Ugbusi land situated and lying in Ughelli Local Government Area. The plaintiffs claimed that some portions of the said land were sold or leased by the defendants to various persons for which the sum of over N50,000.00 (Fifty thousand Naira) was received by the defendants and shared among themselves to the exclusion of other members of Omovwiare family.…