YAKUBU JCA (Delivering the Lead Judgment): This appeal is against the decision of the Delta State High Court of Justice, holden at Owa Oyibu, which was delivered on 29 July 2011. The respondent had on 5thFebruary, 2011taken out a writ of summons against the appellant and claimed, to wit: “a. A declaration that the claimant is a principal member of late Chief R.N.T. Ezewuzie’s family.
A declaration that the landedproperty situate at 226 old Lagos/ Asaba Road, Agbor is the family property of the male children of late Chief R.N.T. Ezewuzie. A declaration that the purported sale of the said property to the defendant without the consent of the claimant is illegal, null and void.
An order setting aside the purported sale of the property to the defendant. An order of perpetual injunction restraining the defendant, agents, servants, privies from enteringor interfering with the said property.”
The respondent filed his statement of claim contemporaneously with his writtendeposition/statement on …