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ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The appellant in this appeal was the plaintiff in Suit No. A/88/96 commenced at the Awka Division of the High Court of Anambra State through the Writ of summons filed on 10th May, 1996. As stated in the Writ of Summons and in paragraph 36 of the Amended Statement of Claim filed on 13/9/04, the plaintiff had claimed as follows:
(a) A Declaration that under the Amawbia native law and custom, the common law and equity, the plaintiff, the defendants and late Emmanuel Igwedibie are entitled to equal shares of the pieces or parcels of land mentioned in paragraph 15 hereof which their respective mothers contributed equal sums of money with which their said mothers redeemed the said pieces or parcels of land for and on behalf of their respective sons after the death of Igwedibie Obungene.
(b) A DECLARATION that under the Amawbia native law and custom, the common law and equity, the plaintiff, as the next-of-kin of late Emmanuel Iā¦