BENEDICT NNANYELUGO KENNETH NNANYELUGO V. MRS. NGOZIKA NNANYELUGO ADMINISTRATOR - GENERAL/PUBLIC TRUSTEE, ENUGU STATE

DENTON-WEST JCA (Delivering the Lead Judgment): This is an appeal brought by the appellants against the judgment of R.C Agbo of the Enugu State High Court delivered on the 25th day of June, 2004 in favour of the 1st respondent. The salient part of the judgment that gave rise to the appeal was the declaration inter alia by the trial Judge thus:

“The oral evidence of the witnesses as to the declaration of Stephen Nnanyelugo that the property belongs to him and his brothers have no evidential value. I hold that the legal and beneficial interests in Nos. 8 and 10 Nwobodo Nnamchi Street vested in the Late Stephen Nnanyelugo and that the said properties form part of his estate. Having so found, the bottom falls out of the plaintiffs’ case and it is hereby dismissed. Having found that the Nos. 8 and 10 Nwobodo Nnamchi Street are properties of Late Stephen Nnanyelugo and form part of the estate, the prayer contained in paragraph 55(a) of the 1st defendant’s pleadings succeeds. The 1st plain…