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JOEL ANODE v. SAMUEL MMEKA

(2007) JELR 33861 (CA)

Court of Appeal  •  CA/PH/72/2003  •  10 Dec 2007  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; IBRAHIM MOHAMMED MUS A SAULAWA JCA;

Judgement

SAULAWA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of Imo State High Court, holden at Owerri, Coram P.C. Onumajulu, which was delivered on 17/7/2001 in Suit No. HOW/237/84 (HMI/72/95).

The suit was commenced as suit No. HOW/237/84 in the Owerri Judicial Division. Even though not consolidated it strangely assumed second suit No. HMI/72/95, when it was transferred eleven years thereafter to the Mbaitoli/Ikeduru Judicial Division.

By the amended statement of claim thereof, dated and filed on 25/4/96, the respondent claimed against the appellant as follows:

"(i) Declaration that the plaintiffs mother Nnemuwa having been left at home in accordance with Ndiukwu, Umuiyi Akabo custom to rear children for the continuance of Mmeka Akabuisi lineage and the plaintiff having been begotten by her at home is entitled to inheritance of Mmeka Akabuisi property as the sole, surviving male in Mmeka Akabuisi family lineage on the death of Chibuo Mmeka without issue.

(i…

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