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MAURICE CYRIL OHIA PAULINUS S. OHIA JOHNSON JUDEOFOR OHIA OSITA OHIA EBERE OHIA CHUKWUDI OHIA MADUKA OHIA UCHENNA EPHRIAM OHIA NWACHERE EPHRAIM OHIA NWAFOR OHIA ENDERLINE AMAUCHE OHIA 12. JENNY OHIA V. THEOPHILUS NWAFOR OHIA (SUING AS HEAD OF OHIA UMEZURIKE FAMILY OF NDIAKAEME ARONDIZUOGU)

(2002) JELR 53541 (CA)

Court of Appeal  •  CA/PH/260/99  •  10 Jul 2002  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided) SYLVANUS ADIEWERE NSOFOR, JCA (Read the Lead Judgment) IGNATIUS CHUKWUDI PATS-ACHOLONU, JCA

Appearances
M. O. Nlemedim Esq. - for the Appellants. -*- E. A. Ilobi Esq. - for the Respondents

Judgement

NSOFOR, JCA (Delivering the Lead Judgment): The appellants hereinwere some of the twenty-one persons sued in their respective personal capacities against whom it was claimed jointly and severally as per paragraph 14 of the statement of claim ā€œ(a) Declaration that by the custom of Ndiakaeme Arondizuogu the late Head of Ohia Umezurike family Mazi Obasi Ohia had no power whatsoever to dispose or devise by Will or otherwise to the defendants or any of them or anyone else the family properties and lands of Umu Ohia Umuzurike family and that the alleged Will dated the 5th December, 1981 and allegedly thumb-printed by him and now in the custody of the probate registrar, High Court Owerri within the jurisdiction of the court is invalid, null and void and of no effect whatsoever.

Perpetual injunction restraining the defendants by themselves or their agents, servants, assings and all persons claiming through or under them from interfering with the said family lands or any of them purportedly d…

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