UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The parties in this appeal are scions from the loins of the late Paul Dawson Otigbah. He sired them from two different women. The Appellants and the 2nd Respondent are children of the same mother while the 1st Respondent has a different mother. The common denominator between the parties is their late father.
The root of the contest in this appeal is the property left behind by their father. The property is situate at No 3 Otigbah Street, Ikeja, Lagos. In his lifetime, their father by a Deed of Assignment dated 2nd June, 1977 assigned the said property to his children, the parties herein, out of love, bond and affection. The said Deed of Assignment was admitted at the trial as Exhibit C1. Subsequently, a Deed of Partition was executed between the 1st Respondent and the 2nd Respondent partitioning the property. The Deed of Partition is Exhibit C2. There is also a Development Lease by which the 1st Respondent was to deve…