KALGO, J.C.A. (Delivering the Leading Judgment): This case has some chequered history which needs to be explained in order to appreciate how the present position is arrived at. On the 19th of September 1989, the 1st appellant alone, filed a writ of summons as plaintiff against the 2nd appellant (his brother) and the respondent as defendants in the Idah High Court of Benue State praying the Court to order:-
(a) the 1st defendant to handover to him all the properties, monies and documents connected with the estate of their late father Joseph Idakwo Ejiga as administrator or the estate:
(b) the respondent to vacate the plot of land and the Total Petrol Filling Station situate in Sabon Gari opposite St Boniface Primary School Idah forming part of the estate of his late father and that any evidence or ownership of the said land produced by the respondent be declared null and void.
On the 20th of November, 1989, with the leave of the trial court, one Ukwenya Ochijenu Uteno was joined as a 3…