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MODUPE FASANMI, J.C.A (Delivering the Leading Judgment): This is an Appeal against the judgment of the Rivers State High Court of Justice sitting at the Ahoada Judicial Division delivered on the 24th of March, 2009.
The suit was originally taken out by Late Chief Ezekiel Ibigoka Sobo Ogan against the Respondent in 2002 when he claimed against the Respondent as follows:
(i) A declaration that the Plaintiff is the owner of the property known as No.13 Niger Street, Port Harcourt.
(ii) A declaration that the Plaintiff is entitled to exercise all rights of ownership including deciding how to share the property among his children, the Defendant inclusive.
(iii) A declaration that the property is to be jointly inherited by all the Plaintiffs children as family property upon the demise of the Plaintiff.
(iv) A perpetual injunction restraining the Defendant from claiming exclusive ownership of the said property and from harassing or causing disturbance/annoyance to the other children of the …