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NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by Mr. Chukwuma Okwudili Ugo against the decision of the Court of Appeal, Enugu Division.
In suit No. E/125/72, two brothers, Amamchukwu Obiekwe and Ifeanyi Obiekwe brought an action against Mr. Chukwuma Okwudili Ugo and the Federal Mortgage Bank of Nigeria Limited claiming as per a writ of summons endorsed as follows:
"1. The plaintiffs are brothers of Christopher Sunday Okafor Obiekwe who died intestate on the 30th of November, 1959, leaving as his estate undisposed of by Will a parcel of land of approximately 1428.30 square yards in area along Agbani Road, Ogbete, Enugu and numbered 10, Agbani Road, Enugu held on lease by an instrument registered as No.34 at page 34 in Volume 251 of the Register of Deeds kept in the Lands Registry in the office at Enugu, and the beneficiaries of his said estate which estate has not been administered.
2. By an instrument registered as No.34 at page 34 volume 307 of the Registe…