OGEBE, JCA (Delivering the Lead Judgment): The appellant sued therespondents in the High Court of Rivers State holding at Degema for a declaration that the piece of land known and called “Onunu Douglas Kiri” lying in Douglas Compound in Abonnema was the property of Onunu Douglas family of Douglas Compound in Abonnema and not the exclusive property of the respondents. He also sought for a perpetual injunction to restrain the respondents from dealing with the land without his consent, knowledge and approval. He filed a lengthy statement of claim tracing the traditional history of the land.
The respondents also filed a lengthy statement of defence denying the claim. The respondents in particular averred in paragraphs 1 and 19 of the statement of defence as follows:- “1. Paragraph 1 of the statement of claim is admitted save that plaintiff is an illegitimate son of late Kala-Amadi Onunu Douglas by Kalabari native law and custom. Kala-Amadi did not marry plaintiff’s mother, Orikeinyosarar…