IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Enugu State sitting at the Enugu Judicial Division per Honourable Justice P. C. Akubuilo, which Judgment was delivered on the 8th day of December, 2011 in favour of the Plaintiffs (now) Respondents.
It would be recalled that the Respondents as Plaintiffs in the Lower Court took out a Writ of Summons dated the 8th of November, 2008 and filed on the 10th day of November 2011 and in the amended Statement of Claim dated and filed on the 19th of July, 2010 through their Learned counsel Miss Uzoamaka Egbo of B. C. Nwobodo and Associates, sought for the following Reliefs in paragraph 16 thereof as follows:
16. Whereof the Plaintiffs Claim as follows:
(a) A Declaration that the property known as plot 26 in Block 50 otherwise known as No. 7 Church Rood, Asata and now registered in the Land Office as No. 62 at Page 62 in volume 936 is the Joint Property of Late Benjamin Ugbene an…