<p><strong>OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): </strong>This is an appeal against the judgment of the Court of Appeal, Enugu Division, hereinafter called the Court below, delivered on the 24th day of January, 2008 on the judgment of the High Court of Onitsha, hereinafter referred to as the trial Court, earlier given on the 15th December, 2005.</p><p> The appellants herein who had commenced an action as plaintiffs by a writ of summons sometime in May, 2003 subsequently followed it up with a statement of claim filed on 6th February, 2004. They had claimed against the defendant, hereinafter referred to as respondent in paragraph 27 as follows:</p><p> (a) A declaration that under the Will of Michael Amanchukwu Atuanya (deceased) the plaintiffs inclusive of the Estate of Late Michael Nwabufo Atuanya (represented by his Executors, Victor Olisa Oranye and Nnabuenyi Edmund I. B. Asika) and Fidelis Atuanya (represented by the defendant) are the beneficiaries in equal shares of the property No.25 New A…</p>