ELD. BARR. AGAN A. ANNAH & ORS V. MR. ISHIE O. USO & ORS

JAFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Cross River State, Calabar Judicial Division contained in the judgment of Wednesday, the 10th day of January, 2007 in suit NO: HC/165/2004. By a writ of summons dated and filed contemporaneously with the statement of claim on the 4th May, 2004, the 1st and 2nd respondents herein, as plaintiffs, sued the 3rd respondent herein, as defendant, at the trial court. The claims of the 1st and 2nd respondents as endorsed in the amended writ of summons and paragraph 15 of the amended statement of claim are as follows:-

(a) A DECLARATION that the 1st plaintiff as the senior surviving male member of Chief Offiong Okoho Uso's family remain (sic) the undisputed Head of the said family in whom TITLE to Chief Offiong Okoho Uso's family land now inheres for the use, benefit and enjoyment of himself, as well as other surviving children of late Chief Offiong Okoho Uso as principal memb…