UDONSI AGWU EKE & ORS V. ONU IDIKA KALU

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the appellants against the judgment of Abia State High Court (CORAM K.C. NWAKPA J.) delivered on 27/5/2010.

The claim of the claimants as per their further Amended Writ of Summon dated 16/6/2005 but filed on 20/6/2005 was as follows:

(a) Courts (sic) declaration that the Claimants (formerly plaintiffs) and the Defendant and those entitled to inherit under them are members of same material family of the Obobi of Ndia Bibia Ete the founder of Okagwe Ohafia and are therefore entitled jointly with the Defendant to the Statutory Right of Occupancy through (sic) a deemed to be in possession of the Statutory Right of Occupancy through operation of law of the said twenty pieces of land situate and being at Okagwe Ohafia within jurisdiction.

(b) Order restraining the Defendant, his Servants, Agents, Workmen, Privies and or those claiming through him from the exclusive enjoyment, use …