AYOBODE OLUJIMI LOKULO-SODIPE, JCA (Delivering the Leading Judgment): This appeal is against the Ruling delivered on 13/4/2005 by Honourable Justice D.O.C. Amaechina of the Anambra State High Court, Onitsha Judicial Division. The High Court will hereinafter simply be referred to as 'the lower court'.
The Ruling of the lower court appealed against is at pages 34 - 43 of the Record of Appeal. The facts of the case as gathered from the Ruling of the lower court, put briefly are that on 13/12/1995, one Sylvanus Medukam as Plaintiff commenced Suit No. 0/782/95 - a land case against one Uchenna Egemole as Defendant. The dispute in the case is over the ownership of two landed properties known as Nos. 9 and 10 Ede Road, Okpoko, Ogbaru LGA, Anambra State. The Plaintiff claimed exclusive ownership of the properties in dispute; while the Defendant alleged joint ownership of the properties with the Plaintiff. The original Plaintiff - Sylvanus Medukam died sometime in December 1998 in the course o…