U.M. ABBA AJI, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice, Delta State sitting at Agbo, in Suit No. AG/28/91, delivered on the 3rd July, 1992.
The Plaintiffs at the lower court herein after referred to as the Appellants sued the Defendants now Respondents and claimed as per paragraph 20 of the amended joint statement of claim, the following reliefs.
(i) A DECLARATION that in accordance with the Customary Laws of Owanta Community, The story building situate at No. 22, Obiazikwor Street, Boji Boji Owa is jointly owned by the 2nd -9th Plaintiffs and the 1st Defendant as children of the Late Chief Obiazikwor Nwozor.
(ii) A DECLARATION that the purported sale of the property situate at No. 22 Obiazikwor Street, Boji Boji, Owa by the 1st Defendant to the 2nd Defendant without the prior consent of the plaintiff's as mentioned above is void and of no effect whatsoever.
(iii) A DECLARATION that the 1st Defendant has no right or pri…