MRS EUCHARIA NWINYI & ORS V. MR. ANTHONY IKECHUKWU OKONKWO

EMMANUEL AKOMAYE AGIM, JCA (DELIVERING THE LEADING JUDGMENT): Chief Reuben Nwoye Okonkwo, a native of Umudunu village Abagana in Njikoka Local Government Area of Anambra State died intestate on the 14th November 2001, survived by his only wife Mrs Comfort Okonkwo and the respondent and all the appellants, (his children by his said wife,) leaving behind an estate consisting many buildings at Onitsha and Abagana including his obi in his compound at Umudunu village and some chattels. His personal law was the Abagana native law and custom. Mrs Comfort Okonkwo died on 29th January, 2005.

The respondent, the first and eldest child of late Chief Reuben Nwoye Okonkwo (diokpala) instituted suit No. A/202/05 on the 21st July 2005 at Awka Judicial Division of Anambra State High Court against his siblings claiming for

(a) A declaration that the plaintiff is the first son of late Chief Reuben Nwoye Okonkwo who died intestate on the 14th day of November 2001.

(b) A declaration that under the Abagan…