ISRAEL OKECHUKWU NJEMANZE V. IFEANYICHUKWU IGBOJEKWE & ORS

AYOBODE OLUJIMI LOKULO-SODIPE, JCA(Delivering the Leading judgment): The appeal is against the judgment delivered on 8/7/1996 by the High Court of Imo State presided over by Hon. Justice J.S. Anyanwu (hereinafter to be simply referred to as lower Court and learned trial Judge respectively). There is also an interlocutory appeal included or argued in the appeal. The interlocutory appeal is in respect of the decision of the lower Court delivered on 25/6/1996.

The instant action was instituted by a writ of summons filed on 3/12/1993 but which issued on 9/12/1993 by Tony Ifeanyichukwu Igbojekwe as sole Plaintiff before the lower Court and against the Appellant as sole Defendant before the said Court. The said sole Plaintiff before the lower Court is the 1st Respondent in the main appeal and cross appeal respectively. The claims of the 1st Respondent against the Appellant as contained in paragraph 25 of the statement of claim filed before the lower Court read thus: -

(1) A declaration that t…