HELEN MORONKEJI OGUNWUMIJU, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the High Court of Enugu State delivered by Hon. Justice N.P. Emehelu on 02/10/2012.
The subject matter of the suit at the trial Court is a property situate at Plot 12 block 48 Asata Layout Enugu also known as No. 61, Ogui Road, Enugu. The Appellants and the Respondent are cousins and the property in dispute is part of the estate of the Appellants father, Late Ezekiel Obinali Nwankwo.
The father of the Respondent, Daniel Unegbu Nwankwo was elder brother to Ezekiel Obinali Nwankwo. The said Daniel Unegbu Nwankwo died in 1934 and the Respondent who was only 4 years old was taken by his uncle (Ezekiel Obinali Nwankwo) who assumed full responsibility for him. In his last Will, the Appellants father appointed the Respondent as one of the executors of his Will.
The property in dispute, according to the Appellants,was bought by their father in 1953 but was registered in a neutral name (Ab…