H.R.H. EZE ISAAC AJONU IKONNE & ORS V. CHIEF ELDER MACLORD NWACHUKWU & ORS

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Abia State of Nigeria sitting at Aba (hereinafter referred to as the lower Court), delivered on the 2nd day of May, 2008 by Hon. Justice Ory Zik Ikeorha, J. The suit from which this appeal emanated from was commenced by the plaintiffs/respondents (hereinafter referred to as the respondents) vide a writ of summons, dated the 7th day of August, 2007, wherein the respondents sought for the following reliefs:

1. A DECLARATION that the piece or parcel of land situate at and traditionally called IHUALA Osusu or IHUALA AGBARA (i.e. the abode of the ancestral shrine of Osusu Aba people) in Osusu Aba Village, Aba North Local Government Area, Abia State is the absolute communal property of Osusu Aba people represented by the Plaintiffs.

2. A DECLARATION that the said land being the abode of the traditional/ancestral shrine of Osusu Aba People same cannot be…