KPOLOKWU & ORS V. AKAEZE & ORS

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): The Appellants with the 4th Respondent herein were, at the suit of 1st – 3rd respondents against them sued for sundry declaratory and injunctive reliefs relating to and appertaining the allocations and grants of portions of the parties family land to them as Defendants contrary to Asaba Native Law and Custom binding on the parties.

The said action brought in a representative capacity for the Obi-Okanya family sought for the nullification of the said allocations made before 2002.

The Appellants filed their Statement of Defence and raised the preliminary objection that the action was barred on the ground that it was caught by the statute of limitation having been filed more than 10 years after the accrual of the cause of action and liable to be struck out.

In resume, it suffices to state that the parties herein are all members of the same family – i.e. the Obi-Okonya family of Umuekwo, Umuaji Quarters, Asaba, Delta State.

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