A. O. OBASEKI, AG. J.S.C. (Delivering the Leading Judgment): This appeal by the defendants in the court below is against the judgment of Allagoa, J. (as he then was), delivered in the High Court of the Rivers State at Port Harcourt on the 9th day of July, 1973, granting the two claims of the plaintiffs which read in terms endorsed on the Writ of Summons and repeated in paragraph 12 of the Statement of Claim as follows:
"(1)A declaration that the land in dispute known as Tomobiri Poku Kiri or also called Tomoncare Poku Kiri at Tomobiri waterside or water front in Okrika is the joint or common property of the Amakiri House and Iga House.
(2) A perpetual injunction to restrain the defendants, their agents, servants, privies or otherwise from dealing with the said land or using same without the prior information, consent or authority of the plaintiffs or of the Amakiri House and Iga House jointly."
Twelve grounds of appeal were filed but those which raise questions worthy of consideration…