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M. BELLO, JSC (Delivering the Leading Judgment): On the 26th March 1985 we allowed this appeal, set aside the decision of the Court of Appeal and restored the judgment of the trial court. We reserved our reasons for so doing to be given today. I now state my reasons.
The suit was originally instituted in the High Court of Eastern Nigeria, holden at Umuahia, but was eventually heard in the High Court of Imo State at Umuahia wherein the Respondents as plaintiffs claimed against the Appellant and one Okezie Chukwueke as defendants who died thereafter jointly and severally for:
"1. A declaration that the piece or parcel of land known and called "Ubi Oro" valued 10pounds (ten pounds) situate at Uzuakoli in Umuahia Judicial Division is owned jointly by both the plaintiffs and the defendants and that the defendants have no rights by themselves alone without the consent, agreement and participation of the plaintiffs to demarcate, sell, lease or give out all or any portion of the said "Ubi Or…