Suits No.W/135/94 and No. W/163/94 were ordered consolidated by the learned trial Judge. The 1st, 2nd and 3rd respondents, as plaintiffs suing in a representative capacity claimed against the appellants' as defendants for:
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1
A declaration that No. 1 Robert Road, Warri and No. 45 Warri/Sapele Road, Warri are the bonafide property of Late Madam Edomi Ogbe.
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2
A declaration that the plaintiffs' being the surviving children of late Madam Edomi Ogbe whose parents administered the properties before the death of the last of them in 1992 are entitled to letters of Administration of the properties.
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3
An order against the 4th defendant revoking the Letters of Administration granted by the 4th defendant to the 1st, 2nd 3rd defendants on or about 7th of February 1994 in respect of the said properties.
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4
An order against the 4th defendant to cause to be issued Letter of Administration to the plaintiffs in respect of the properties at No.1 Robert Road, Warri and No. 45 Warri/Sapele Road, Warri.
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5
An order of perpetual injunction against the 1st to 3rd defendants, from applying for Letters of Administration in respect of the said properties and against the 4th defendant, its servants, privies or agents from issuing letters of Administration to the 1st to 3rd defendants their servants, privies or agents, heirs or successors-in-title.
The defendants in the consolidated suits suing as Administrators of the personal and real estate of Solomon Dakolo claimed as follows:
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1
A declaration that the property situate at and known as No. 1 Robert Road, Warri otherwise referred to as 9, Warri/Sapele Road and after renumbering of streets referred to as 45 Warri/Sapale Road, Warri is part of the estate of Solomon Dakolo, deceased, who died on 31st December, 1954 and does not form part of any estate called Edomi Ogbe Estate.
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2
A declaration that the defendants appointment of Ben Akporiaye as estate agent and the purported vesting in him of the power to manage the property known as No.1 Robert Road otherwise or sometimes referred to either as 9 or 45, Warri/Sapele Road, Warri without the consent of the plaintiffs is wrongful, null and void.
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3
A declaration that having regard to the fact that the property known as No. 1 Robert Road Warri, did not at any time belong to Edomi Ogbe nor does same form part of Edomi Ogbe's Estate upon which the defendants grounded their claim/authority, the defendants appointment of Dr. G. I. Emiko as the legal representatives in respect of the above named property is wrongful, null, void and deceptive.
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4
An order compelling each of the defendants to account for rents or money collected through the instrumentality of Ben Akporiaye or their agent, Warri otherwise referred to as 9 or 45 Warri/Sapele Road and pay some over to the plaintiffs.
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5
An order for a perpetual injunction restraining agents, or all servants from demanding and/or collecting rents any tenant/occupants of the premises known as No. 1 Robert Road, Warri otherwise referred to either as 9 or 45 Warri/Sapele Road, Warri and from interfering or meddling in any manner howsoever with the management of the said property without the consent or permission of the plaintiffs.
For clarity the respondents were plaintiffs in suit No. W/135/94 while the appellants were plaintiffs in Suit No. W163/94.
After consolidation; the respondents remained as plaintiffs while the appellants in suit No.W/163/94 became the defendants. The Probate Registrar of the High Court of Justice, Delta State was the 4th defendant. Trial was at the High Court of Delta State. In Warri, Akpiroroh J (as he then was) presided. Six witnesses gave evidence for the defendants. Documents were admitted as exhibits. The Plaintiffs relied on traditional evidence to prove that they own the property while the defendants relied on acts of ownership. The learned trial judge was satisfied with the plaintiffs' evidence and entered judgment in favour of the plaintiffs. The claims of the defendants were dismissed. Dissatisfied, the defendants' lodged an appeal in the Court of Appeal, Benin Division. That Court agreed with the judgment of the learned trial judge and in the concluding paragraph of the judgment said:
"In the result having regards to the aforesaid, I hold the view that this appeal lacks merit and it is hereby dismissed. The judgment of the learned trial Judge, Akpiroroh, J (as he then was) delivered on 7/8/98 is therefore affirmed by me..."
This appeal is against that judgment.
