JACOB ANYANWU ABRAHAM OKEKE DANIEL ONWUCHEKWA (DECEASED - DID NOT APPEAL) V. DICK OBI ONUIGBO

IKONGBEH, JCA (Delivering the Lead Judgment): The 1st appellant herein was the sole defendant when this case commenced before the old Imo (now Abia) State High Court, Aba. The respondent herein had taken out a writ of summons against only him, claiming a declaration of title to possession of a piece of land in Aba Urban called Ala Edo and damages for trespass and perpetual injunction. The parties exchanged pleadings. Thereafter, the 2nd appellant herein and one Daniel Onwuchekwa, who had earlier applied for order of court joining them, were joined as 2nd and 3rd defendants respectively. A copy of the same statement of claim that had been served on the original sole defendant was served on them and they responded by filing a joint statement of defence identical in terms with the one filed by the original sole defendant.

It is common ground that both sides traced their respective roots of title to the land in dispute to the same family, i.e. the family of Chief Stephen Ahuruonye, th…