ROBERT ESIRI & ORS V. THE REGISTERED TRUSTEES ANOINTED WORD BIBLE MINISTRIES & ANOR

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal pries into the correctness of the decision of the High Court of Delta State, holden at Warri (hereinafter addressed as "the lower Court"), coram judice: P. O. Onajite-Kuejubola, J., in Suit No. W/44/2002, delivered on 25th August, 2004. Before the lower Court, the appellants and the respondents were the plaintiffs and the defendants respectively.

The facts of the case, which transformed into the appeal, are submissive to brevity and easy appreciation. One Peter Esiri, the owner of No. 31 Eboh Road, with an uncompleted two-storey building thereon, died intestate on 3rd October, 1998. The property is covered by certificate of occupancy No. BDSR 1892 issued to the deceased on 1st October, 1982. On his demise, members of his family appointed the appellants as customary administrators of his estate. The appellants alleged that the deceased, during his life time, allowed the first respondent to stay on the premises…