MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal was filed against the decision of the High Court of Imo State sitting at Mgbidi (hereinafter referred to as the lower Court) delivered by Hon. Justice K. A. Ojiako, J., on the 6th day of December, 2010. The said decision pertained to Suit No. HOU/50/2003.
The suit which led to the instant appeal was instituted by the plaintiff/respondent (hereinafter referred to as the respondent) wherein he sought for the grant of the following reliefs:
(a) Declaration that the plaintiff is the head and ofo holder of the family of Ambrose Ejiafa Jilezi (Late) of Umuezelobe Ubalazu Amiri in Oru East Local Government Area within the jurisdiction of this Honourable Court in accordance with Amiri native law and custom.
(b) Declaration that the plaintiff being the only surviving son of late Ambrose Ejiafa Jilezi is the heir to his fathers property under Amiri native law and custom.
(c) Perpetual Injunction restraining the 2nd a…