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MR. SAMUEL ONWURAH & ORS v. MR. MICHAEL NWOZOEKWE NWUMEH & ANOR

(2016) JELR 41878 (CA)

Court of Appeal  •  CA/E/63/2008  •  13 Apr 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Anambra High Court, Awka delivered on 22/5/2006 by Hon. Justice P.C. Obiorah wherein His Lordship gave judgment in favour of the Respondents. The facts that led to this appeal are as follows:

?On or about 27/09/2004, the Appellants, then Defendants at the Court below, wrote a letter alleging that the Respondents who were Plaintiffs at the Court below, were making trouble for the Appellants'?? families by laying claim to a heritage called Ngwulu-be-Gbuga belonging to the families of the Appellants which the Respondents had no right to since they did not share any ancestral lineage with the Appellants. The letter stated that the Respondents even instituted an action for the declaration of their right to the Ngwulu-be-Gbuga in the Awka division of the Anambra State High Court. The letter stated further that the Respondents'?? ancestor, Nwaonwanegbu was from Omenife family. T…

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