PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Customary Court of Appeal of Imo State of Nigeria delivered on 22nd day of July 2004.
The facts culminating into this appeal emanated from the Suit instituted by the Original Respondents in this action at the Customary Court of Imo State sitting at OHAJI in the Ohaji/Egbema Local Government Area of Imo State. The Plaintiffs in that action (now Respondents in this appeal) who are CYPRIAN OFURUM and OBI AMAELE for themselves and as representing the family Umuisiji Umuoboke Ohaji sued the following persons viz:
OBIJURU ODEDE - DEAD, EUGENE OGBUJI, PAULINUS IFURUEZE, EKWUBIE ADIGWE, ONUOHA ALUO-DEAD, NICHOLAS OBIJURU-DEAD, AUGUSTINE IGWE, and PAUL IFURUEZE (for themselves and as representing the family Umuihuru of Obile Ohaji), claiming in their particulars of Claim as follows:
"PARTICULARS OF CLAIM
1. The Plaintiffs are natives of Umuoboke Obile Ohaji in Ohaji/Egbema Local Governmen…