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E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Benin Division affirming the judgment of Oki, J. sitting in the High Court of former Bendel State, Ughelli Judicial Division in suit. No. UHC/40/75. He granted all the reliefs claimed by the plaintiffs. The plaintiffs claimed the following:
"(a) A declaration that plaintiffs and defendants as members of Uwhruwe family of Bethel Oyede in Isoko Division are Joint Owners of the Uwhruwe family land shown in plaintiffs' survey plan No. MWC/88/76 and known and called Okpailoho land at Bethel town, Oyede Isoko Division of the Bendel State of Nigeria:
(b) A declaration that the plaintiffs' Eromahwe branch or sub-family, as one of the three branches or sub-families which make up the family, is entitled to one third share of the said Uwhruwe family's Okopailoho land;
(c) An order of injunction restraining the defendants by themselves, their agents, relations and servants from…