MR. KANAYO KPOLUKWU MR. CHIKE ALLANAH JIDEUCHE ALLANAH V. CHIEF B. A. ALLANAH DR. NGOZI ALLANAH MR. ANDREW O. UDEH (FOR THEMSELVES AND ON BEHALF OF OBI-OKONYA FAMILY OF UMUEKWO VILLAGE, ASABA EXCLUDING THE DEFENDANTS)

NGWUTA JCA (Delivering the Lead Judgment): On 4th December, 2002, the plaintiffs (now respondents), instituted an action in the Delta State

High Court at Asaba, claiming the following reliefs jointly and severally against the defendants/appellants: “1. A declaration that under Asaba Native Law and Custom, the defendants, their servants and/or agents are not entitled to sell, assign, alienate, transfer, mortgage or lease any interest A on Obi Okonya family land (layout) situate at Umuekwo Village, Umuaji Quarters, Asaba without the knowledge, consent and approval of the Diokpa (Head of family) and the principal members, Asaba. A declaration that any purported sale, assignment, alienation, transfer, mortgage or lease without the knowledge, consent and approval of the Diokpa (Head of family) and the principal members is irregular, improper, invalid, null and void and of no effect whatsoever. A perpetual injunction restraining the defendants, their servants and/or agents from taking poss…