JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Mrs. Magdalene Ezeanowai is one out of the four wives of late Andrew Uzoma Ezeanowai. The 2nd respondent is the son and the 3rd respondent is the daughter of late Andrew Uzoma Ezeanowai. Their mother is the 1st respondent. They commenced by Writ of Summons proceedings against Engineer Christopher Ugwu and Ors. before the High Court of Justice of Enugu in Enugu Judicial Division on 13th November, 2002. Paragraph 29 of the statement of claim sought the following reliefs against the 1st - 6th appellants from the Court below:
29. WHEREFORE the plaintiffs jointly and severally claim against the defendants as follows:
1. A declaration that the storey building situates at No.10 Chime Avenue, New Haven, Enugu is family property and belongs to the plaintiffs and the defendants except the 1st defendant collectively and in common.
2. A declaration that any sale or attempt at selling the said family property namely, the one storey building s…