ANDREW OSUMUO V. SAMUEL UDEAJA

OBANDE FESTUS OGBUINYA, J.S.C. (Delivering the Lead Judgment): This appeal probes into the rightness of the decision of the Court of Appeal, Enugu Division (hereunder addressed as the "lower Court"). Coram judice: M. L. Tsamiya, S. Denton-West and J. O. Bada, JJCA, in Appeal No. CA/E/122/2006, delivered on the 9th April, 2008. In its judgment, the lower Court set aside the decision of the High Court of Anambra State (the trial Court), in Suit No. HN/93/2001, delivered on the 20th January, 2004, wherein J. C. Nwadi, J. granted the respondent's counter-claim. 

The precis of the essential facts of the case, which transfigured into the appeal, are disobedient to verbosity and complexity. The respondent, who succeeded one Dennis Ekezie Osumuo, alleged that by an indenture of lease, dated the 3rd April, 1953, one Igboatu Udeaja, the appellant's uncle, granted to his father, Dennis Ekezie Osumo, a parcel of land known as and called “Mbana” situate, being and lying at Umuisiedo Village, Umudim…