EMMANUEL AKOMAYE AGIM, JSC (Delivering the Leading Judgment): Chief U.J.U. Usoro of Ikot Akpan Odung, Itak, Ikono Local Government Area of Akwa Ibom State of Nigeria died intestate in 2007 leaving behind Mrs Bassey Uduak Usoro as first wife, Mrs. Christiana Uduak Usoro as second wife, Mrs. Elizabeth Uduak Usoro as third wife and Mrs. Mary Uduak Usoro as fourth wife and nineteen children from the four wives. The 1st to 5th appellants herein are his male children by his 2nd wife. The respondents are his male children by his 4th wife.
While alive, Chief U.J.U Usoro owned four major properties namely, Itak Nursery/primary School, Itak, Palatial Guest House at Ikot Ubehe, Mma Jenny Building and Agri-feed Mills at Ikot Ubehe, Itak.
After his death, a dispute arose as to who between the 1st to 5th appellants and the respondents was entitled to the Agrifeed Mills at Ikot Ubehe, Itak. The respondents in their pleading and evidence asserted the right of ownership of the Mills on the basis of th…