EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Ecoma, Chief Judge of Cross River State, dated 23rd October, 1995 and delivered at the Calabar High Court in suit No. C/138/76.
In the writ of summons issued at the Calabar High Court and dated the 23rd day of September, 1976, the plaintiffs claimed against the original defendant on record, Chief Okokon Ita Nyoki, now deceased the following reliefs:
Declaration that the property known as No. 37 Goldie street, Calabar is the property of the Estate of late Madam Umo Ekpo Edem Odo.
2. Recovery of possession of their mother, Madam Umo Ekpo Edem Odo's property known as No.37 Goldie Street, Calabar now in the possession of the defendant.
3. An injunction to restrain the defendant by himself, by his agent or assigns from further meddling with the said estate."
Pleadings were ordered, filed and exchanged. While the suit was pending in the court the original defendant on record died and wa…