KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): Chief Okoli Ekawu was the 2nd Plaintiff in Suit No. HJ/32/99 and he with two others, namely, Mr. Fidelis Ukpor Ogar and Madam Ogeyi Ochelebe instituted the action in a representative capacity for themselves and on behalf of the late Wonah's family of Ochongo Village, Ijegu-Yache, Yala Local Government Area of Cross River State against Mr. Achi Ojugbo and Mr. Paul Ochade (defendants) also in a representative capacity for themselves and on behalf of the late Ojugbo Abru's family of Imaje, Yala Local Government Area. In paragraph 24 of the Statement of Claim, they claimed against the defendants jointly and severally as follows:
1. A declaration that the House No. 5, Idu Ishedu Street, Okuku in Yala Local Government Area built by late Madam Paulina Wonah is the exclusive property of the late Wonah's family of Ochongo Village, Ijegu-Yache.
2. A declaration that the defendants are not members of the said Wonah's family of Ochong…