MBAHAGHOTU JOSHUA UGWUNNA & ANOR V. MR. AHAMEFULA NWACHUKWU & ORS

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The Appellants were defendants in Suit No. CC/UO/2/2009 pending at the Customary Court of the Umuopara District Abia State holden at Umuabali. The 4th Respondent was the Plaintiff. In the said suit, the 4th Respondent as plaintiff had stated in his claim that both himself and the Appellants were natives of Umuzam Ekenobizi, Umuopara in Umuahia South Local Government Area of Abia State. He claimed of the Appellants as follows: -

(a) A declaration that all the portions of land as enumerated in paragraph 8 above belong to both parties jointly by inheritance.

(b) A declaration that the said ala-obi land as mentioned in paragraphs 11 and 12 above is a family land belonging to both parties by inheritance.

(c) An order of Court appoint a committee to share the aforementioned portion of land as per paragraph 8 above amongst the plaintiff and 1st, 2nd defendants respectively in accordance with the custom of Umuzam Ekenobizi, Umuopara.

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