G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of the former East-Central State, holden at Onitsha the Plaintiffs/Respondents took out against the Defendant/Appellant a writ of summons claiming:-
(i) A declaration that the two pieces or parcels of land situate at 16A, Venn Road North, Onitsha and No. 11A, Iboku Street, Onitsha which are more clearly shown and delineated in a plan to be filed in Court are the communal property of the children of Philip Onwunnamugha Ebosie.
(ii)An injunction to restrain the Defendant, their servants, agents and privies from erecting Defendants personal building on the said land. Pleadings were ordered, settled and duly delivered and the issues joined came up for trial before Oputa, J. After hearing evidence and address of counsel, he delivered a considered judgment on the 9th day of September, 1974 (a) striking out the counterclaim without leave; (b) dismissing the claim for injunction; and (c) granting the Plaint…