CHIEF REMIGUS IWU (FOR HIMSELF AND AS REPRESENTING OTHER MEMBERS OF MADUWUOGU FAMILY IN OBETITI NGURU ABOH MBAISE) V. VALENTINE OBONNA OGU (FOR HIMSELF AND AS REPRESENTING OTHER MEMBERS OF THE FAMILY OF LATE VINCENT OKORIE OF NNAMOGU IN OBETITI ABOH MBAISE)

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Imo State Customary Court of Appeal delivered on the 29th of November, 2007, in Appeal No. CCA/OW/A/7/2007, in which the Court below upheld the appeal of the Respondent thus dismissing the Appellant’s case. 

SYNOPSIS OF FACTS 

The name of the Respondent was amended by leave of Court granted on the 24th of September 2018. 

The suit, the subject matter of this Appeal was instituted by NZE RAYMOND IWU of Aboh Mbaise as Plaintiff in the Court below for himself and as representing other members of MADUWUOGU family in Obetiti Nguru. Upon his death, the Appellant on reword was substituted. 

The Defendant was FRANCIS OGU OKORIE (for himself and as representing other members of the family of late Vincent Okorie of Nnamogu in Obetiti Nguru Aboh Mbaise). He is now deceased.  

The Appellant (as Plaintiff) had by Writ of Summons dated 9th of September, 2005, but filed on the 12th of September 20…