JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State, Afikpo Judicial Division, holden at Afikpo, delivered on the 30th September, 2014 by EZE, J.
The parties who were members of the same kindred in Ezi-Ogbuenyi, Amuro Afikpo in Afikpo North Local Government Area of Ebonyi State had an intractable dispute over a parcel of land which eventually culminated in the Respondent taking out a writ of summons at the trial Court against the original Defendant, father of the Appellant on record. Therein, the Respondent claimed as follows:
a. A declaration of the Court that, the Plaintiffs are entitled to the customary right of occupancy on and over that portion or part of the land known as and called Ogwugwu Eja Ndi Otu Okoro lying and situate at Agbor-Omaguzo in Ezi Ogbuenyi Amuro Afikpo, Afikpo North L.G.A. of Ebonyi State, within the jurisdiction of this Honourable Court.
b. Ten Million Naira (N10,000,0…