UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal from a decision of the Court of Appeal, Enugu Division given on 10 April, 1997 and reported as Mojekwu v. Mojekwu (1997) 7 NWLR (Pt. 512) 283. It touches on the peculiar system of kola tenancy in Ibo land. In this particular case, it is what is known as the Mgbelekeke family kola tenancy system of Onitsha. The plaintiff, now appellant, brought an action in June, 1983 in the High Court of Onitsha Judicial Division in respect of property subject of the said kola tenancy against Mrs. Caroline Mgbafor Mojekwu (who having died, has now been substituted in this appeal by Mrs. Theresa Iwuchukwu) claiming as follows:
(a) A declaration that the. Plaintiff is entitled to the statutory right of occupancy of the property situate at and known as No. 61 Venn Road, South, Onitsha in accordance with Nnewi Native Law and Custom;
(a)(i) A declaration that the plaintiff being the recognised kola tenant of the Mgbelekeke family of Onitsh…