CHIEF AKPAN AKWA UDO IDIONG & ORS. V. CHIEF EDET UDO IDIONG & ORS.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The action which gave rise to the instant appeal was commenced at the District Court Ono, holden at Nsaoso, Ibiono Local Government Area, Akwa Ibom State. It was commenced on 7th July 2004 and registered/ numbered as Suit No. CDC/19/2004. The appellants were the plaintiffs and the action was in a representative capacity against the respondents as defendants also in a representative capacity. The reliefs claimed in the main by the plaintiffs are reproduced below:

"CLAIM 1: For court's order on defendants that henceforth the plaintiffs have dissociated themselves from sharing their great grand father's landed property on grounds as follows: - Their great grand father named above had left instruction that his lands should neither be sold nor shared for ever and ever (2) 3rd to 5th defendants are not original sons of Obong Udo Idiong (3) Last year in an attempt to share the lands they excluded Late Udo Ikpe's children …