STEPHEN JONAH ADAH, J.S.C. (Delivering the Lead Judgment): This appeal is against the decision of the Court of Appeal, Asaba Judicial Division in Appeal No: CA/AS/609/2019, delivered on the 1st day of July, 2022. The lower Court, in its decision, allowed the appeal of the respondent against the judgment of the trial Court, which had entered judgment in favour of the appellants in the trial Court's judgment delivered on the 18th day of June, 2019, in Suit No. A1157/14.
Dissatisfied with the decision of the lower Court, the appellants lodged the instant appeal before this Court.
The appellants/claimants instituted the suit leading to this appeal before the trial Court, against the defendant now respondent, and claimed as follows:
A Declaration that the Defendant is not a son of late George Chuks-Okonta of Umuobiodogwu Family, Isieke Village, Ugbomanta Quarters, Asaba and therefore not entitled under Asaba native law and custom to inherit any property of the said late George Chuks-Okonta.
A …