ANSELM CHIEJINA NWAESEH & ANOR V. GODFREY OBIESIE NWAESEH

M.D. MUHAMMAD, J.C.A.(Delivering the Leading Judgment): The appellants in this appeal were plaintiffs in suit No. 0/397/88 at High Court Onitsha Anambra State where a writ was taken out against the respondent before us who was the defendant then. The appellants were claiming the following reliefs:-

(i) Declaration that the property situate, known and called No. 19A Tasia Road (sic) is the family property of Nwaeseh and that under Onitsha Native Law and Custom only the male descendants of Nwaeseh are jointly entitled to inherit the property.

(ii) That under Onitsha Native Law and Custom all female descendants of Nwaeseh and their issues are not entitled to inherit the said property.

(iii) Possession of the property known as and situate at No. 19A Tasia Road, Onitsha from the defendant whose annual value is N50.00 (Fifty Naira).

(iv) Injunction restraining the defendant, his agents or privies from further acts of trespass on the said property.

Appellants' case before the trial court was…