ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of D. O. C. Amaechina J. of the Anambra State High court, Onitsha Judicial Division, sitting at Onitsha delivered on Tuesday 19th February, 2008.
The Plaintiffs in their Amended Statement of Claim dated and filed on 20th April 2006 claimed the following reliefs thus;
"47. WHEREFOR the plaintiff claim against the Defendant as follows:-
(a) A declaration that the part/portion of the landed property shown verged Red and the building shown verged yellow within the said Red verge in the plaintiff' survey Plan No. EZ/ANLD22/200 which land is situate at No.1 Umuikem Road, Onitsha within jurisdiction, is the Iba compound and Iba house respectively of the late Akunne Ekwuno.'
(b) A declaration that the succession thereto and therefore it occupation to wit, the said Iba under the native law and custom of Onitsha resides in or is vested only in the plaintiff who are potential heads of the family of the late…