CHIEF GODSPOWER R. AWOMUKWU & ANOR V. CHIEF SUNDAY AWOMUKWU

UWANI MUSA ABBA AJI, J.C.A. (PJ) (Delivering the Leading Judgment): This is an Appeal against the judgment of Honourable Justice Onuoha A.K. Ogwe at High Court No. 3 Umuahia in Suit No. HU/68/2004, delivered on 30th June, 2008.

The Respondent as Plaintiff at the trial Court filed an action seeking the following reliefs namely:

1) A Declaration that the Plaintiff is entitled to the Statutory Right of Occupancy over the piece of land traditionally known as "AMA OBU OKPUALA" situate at Ihie Ndume in Umuahia North Local Government Area of Ibeku Abia State and which is more particularly shown and verged (Red) in plan No. VEN/D.12/2004.

2) A Declaration that the 1st Defendant is not entitled to sell or transfer any title or interest over the aforesaid "AMA OBU OKPUALA" land to the 2nd Defendant or anybody else without the consent of the Plaintiff.

3) A Declaration that the purported sale or disposition or transfer of any interest or title by the 1st Defendant to the 2nd Defendant without t…