JOHNSON OKALI & ANOR V. CHRISTIAN NWANKWO OKALI & ANOR

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment):This is an appeal against the judgment of the High Court of Anambra State, Awka Judicial Division, delivered by Hon. Justice O. M. Anyachebelu on 25/06/09.

The facts that led to this Appeal are as follows:

The Appellants in this Appeal and the 1st Respondent are brothers. The case of the Appellants at the trial Court was that the 1st Respondent who is the last of the six sons of their father had in the year 1984 pleaded with their eldest brother (Late Gilbert Okali) who was the Diokpala (family head) to allow him sell a family land located at Obiagu to enable him marry a wife with the proceeds. The said late Gilbert Okali consulted the other brothers who agreed but gave 1st Respondent a condition that he would forfeit his entitlement to the remaining family land at Agbagu whenever it was to be shared among the children of the late Gilbert Okali. The 1st Respondent sold the land and used the proceeds to marry a wife.

The …