INNOCENT OKOROAFOR EMECHETA V. DAMIAN EBENABA

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal, Owerri Imo State, delivered on the 17th of November 2016.

SYNOPSIS OF FACTS

Simply put, this is a case where the parties in this appeal trace their lineage to a man called Anago. It is however the Appellant's claim that the Respondent is not a descendant of Anago. Therefore he is not entitled to claim any inheritance from Anago's estate.

The parties are in agreement as to the history and the boundaries of the land in issue. There is no dispute as to that.

The Respondent claims that it was Ebenaba's wife who begot his father (the original Defendant), Ezeakolam never remarried Ebenaba's widow Nwaorieocha, according to the Respondent.

The Appellant however stated that Ezeakolam remarried Nwaorieocha. This is the crux of the matter.

The Originating process was instituted on the 17th of March 2004 (The Civil Summons) Pages 1 2 of the Record of Appeal.

The case st…