FREDERICK O. OHO,J.C.A. (Delivering the Leading Judgment): Before the High court of Imo State sitting at Owerri, Ogbonna Osuji and John Kennedy Osuji brought an action against Anthony Osuji claiming as follows:
1.A Declaration that according to the custom of Umudee Orji People, ALA MGBALA of a deceased belongs to her last son.
2. A Declaration that the land in dispute is the ALA MGBALA OF MRS. GRACE OSUJI, deceased and Grand Mother of the parties and the bonafide property of the Plaintiff.
3. AN Order of Court perpetually restraining the Defendants, his agents, privies, servants etc from further acts of trespass into and or claiming the Ala Mgbala of the Plaintiffs.
The learned trial Judge after hearing evidence and listening to the addresses of counsel, in a well considered judgment entered judgment for the Plaintiff in respect of the 2nd and 3rd items of the claim. The Defendant (herein after called: "the Appellant") appealed against the said judgment. The Plaintiffs case, (who are …