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CHIOMA EGONDU NWOSU-IHEME (Ph. D), J.C.A. (Delivering the Leading Judgment): The present Appellants in this appeal as the 3rd, 4th and 5th plaintiffs together with one Francis Eghobamien as 2nd Plaintiff, (for themselves and on behalf of the entire children and grand children of Late Chief Eghobamien Ogbomo Ogbeide-Oyo save the 1st, 2nd and 4th Defendants, 2nd and 4th Respondents in this appeal) and one Samuel Eghobamien as 1st Plaintiff (For themselves and on behalf of the children of Mrs. Omorevbaria etc) commenced proceedings by Writ of Summons at the High Court of Edo State Benin Judicial Division against the Respondents as Defendants and crystallized their reliefs in a 2nd Further Amended Statement of Claim in paragraph 47 thereof in the following terms:
"(a) A DECLARATION that the 1st plaintiff for himself and on behalf of the children of Late Mrs. Omorevbaria Eghobamien begotten for Late chief Eghobamien Ogbomo Ogbeide-Oyo are entitled to the house of Late Chief Eghobamien Ogbo…