BELGORE, J.S.C. (Delivering the Leading Judgment): The first plaintiff, Ojo Osagiede, is the "Okaegbe" (head of family) of Osagiede family of Uselu Quarters, Benin and he was the senior brother of late Joel Idada Osagiede. the father of the second plaintiff, Reuben Idada Osagiede. The first defendant Jacob Ovenseri, alias Jacob Idada Osagiede, claimed he was the eldest child of the late Joel Idada Osagiede and senior brother of the second plaintiff(both being of the same mother) but the second plaintiff claimed he (the first defendant had a different father in that his mother (first witness for the plaintiff) carried his pregnancy to the late Joel Idada's house on marriage as a result of post nuptial clandestine sexual intercourse with a soldier from Ondo. The matter in dispute is as contained in the statement of claim in paragraph 15 thereof, reading as follows:
"(a) A declaration that the house, land, premises situate at or being generally known or referred to as No.7, Benin/Ifon r…