JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Ugep Judicial Division delivered on the 3rd December, 2012 by EDEM J.
The parties who are full blooded siblings had a dispute over a landed property situate at Ntefoli, Ketabebe, Ugep, Cross River State said by the Respondents to be family property to which all the parties were entitled but claimed by the Appellant as his personal property. The Respondents as Plaintiffs took out a writ of summons at the trial Court and claimed as per paragraph 22 of their Amended Statement of Claim filed on the 6th November, 2006 on pages 1-3 of the record of appeal as follows:
1. A declaration that the entire children of late Ofem Ugobo or the members of Ofem Ugobo paternal family unit of Ntefoli, Ketabebe, Ugep are entitle or deemed to be entitled to the right of occupancy over the landed property situate at Ntefoli, Ketabebe, Ugep made up of…