OSEJI JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment delivered on the 24 July 2007 by the Chief Judge of Enugu State, Honourable Justice I. A. Umuzulike in suit No. E/789/2006 - Amaka Ezeaku v. Delphine Zikere Okonkwo and Anor . The brief facts of the case is that the 1st defendant now the (appellant)was married to one Mr. Johnny Okonkwo, a legal practitioner and Senior Advocate of Nigeria by native law and custom sometime in 1976 and they had one female child. Subsequently, in 1988 the couple separated and remained so till the husband, Mr. Johnny Okonkwo (SAN) died on the 25 April 2005.
During the period of the separation, he was said to have gotten married to the plaintiff, now the 1st respondent in 1992 and the marriage was also contracted under native law and custom of the 1st respondent community in Nibo, Anambra State. They had two children from the union , a male and a female upon the demise intestate of the said Mr. Johnny Okonkwo, SAN, his esta…