CHIEF OGBONDA C. WALI V. CHIEF JONATAN C. WALI MR. CORNELIUS E. WALI CHIEF SAMUEL E. WALI MR. KINGSLEY WALI MR. GODSPOWER I. WALI MR. TEMPLE WORGU MR. JOHN O. WALI MRS. ROSE J.W. WALI (FOR THEMSELVES AND ON BEHALF OF OTHER MEMBERS OF JOSIAH W. WORGU FAMILY OF RUMUCHIORLU, RUMUOKWURUSI)

FASANMI JCA: (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Rivers State High Court of Justice, in suit No. PHC/2455/2011, delivered on 17 October 2012, wherein the learned trial judge ordered as follows:

“This order is however without prejudice to the right of both the claimant and the defendants to use theObokoro hall for purposes as may be dictated by the need of the family pending the determination of the substantive suit.”

Dissatisfied with the ruling, the appellant appealed to this court vide the notice of appeal filed before this court on 31 October 2012, containing two grounds of appeal. Appellant’s brief of argument was filed on 4 January 2013.

Appellant’s reply brief was filed on 9 October 2015. It was deemed properly filed and served on 10 February 2016. Respondents’ brief of argument filed on 27 November 2014.

It was deemed properly filed and served on 30 March 2015.

Before the hearing of the appeal, the respondents filed a formal appl…