ONALAJ A, J.C.A.: (Delivering the Leading Judgment): Plaintiff now appellant in this appeal commenced the action in a representative capacity with the leave of the High Court of Imo State holden at Orlu Judicial Division Orlu for himself and on behalf of the other members of Okwara Family of Umueze Abukwa Umuobom against the defendants in a representative capacity for themselves and on behalf of the other members of Okwara Family of Durueze Abukwa Umuobom. The defendants are hereinafter referred to in this judgment as the respondents.
The claims of the appellants are discernable in paragraph 30 of the amended statement of claim at page 106 of the record of appeal. This paragraph is adopted following the rule of law that in our civil jurisprudence a statement of claim supersedes the particulars of the writ of summons especially that the averments in the statement of claim must not be in conflict or contradict the particulars of claim endorsed in the writ of summons. Paragraph 30 afores…