<p>RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): Gabriel Njemanze and Festus Njemanze were the parties in suit No. HOW/106/82 determined by the High Court of Imo State on 31-7-84. In the said suit, the trial judge determined as follows I am satisfied on the evidence before me that mama Uwanezi owned the land the subject matter of this dispute not by inheritance but by acquisition from Ahumibe Ogida. If that is so, it is her personal property and she can make it over to whomsoever she may choose. Evidence is overwhelming that she made it over to the plaintiff and that being the case the plaintiff is entitled to succeed in his claim for a declaration of statutory right of occupancy to the piece or parcel of land situate and known as No. 14 Iheanacho Street Owerri shown in survey plan no. VLD/185/82 and therein verged red and it is hereby so declared. Dissatisfied with this judgment, the defendant appealed to the Court of Appeal but failed to pursue his appeal to conclusion…</p>