EJIWUNMI, J.S.C. (Delivering the Leading Judgment): In suit No.BHC/2/77 the appellant for himself and as representing the Ndakaa family, took out a writ of summons against the defendants/respondents at the Port-Harcourt Division of the Rivers State High Court. Following the Order for pleadings, parties filed and exchanged their pleadings. By paragraph 15 of the appellant's statement of claim, the appellant claimed against the respondents jointly and severally for:-
"(1) A declaration of title to the said land known as "Lueboghi" situate at Lusue Sogho, in Bori Local Government Area; and
(2) A perpetual injunction restraining the defendant, her agents or servants from claiming or selling the land in dispute and the 2nd, 3rd and 4th defendants from entering or in any way interfering with the plaintiff's ownership of the said land."
The facts leading to this action may be put thus: The appellant and the respondents are both natives of Lusue Sogho. The piece of land in dispute forms part…