EJIAFA
V.
EJIAFA

(2018) JELR 38926 (CA)

Court of Appeal · CA/OW/41/2011 · 11 May 2018 · Nigeria

CORAM

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

appellant

respondent

learned trial judge

learned counsel

evidence

native law

appeal

appellant's counsel

lower court

1st defendant

preliminary objection

record of appeal

respondent's brief

respondent's case

respondent's claim

3rd defendants

6th day of december

delivery of the appellant

fathers property

final analysis

local government area

said decision

said family

son of ambrose ejiafa jilezi

unmarried woman

appellant's brief

attorney-general of bendel state

control of the said late ambrose

decision of the high court of imo state

established facts of this case

failure of the learned trial judge

first biological son of the late ambrose

grant of the following reliefs

instant appeal

issue of marriage

jurisdiction of this honourable court

leading judgment

light of the foregoing evaluation of evidence

male issues

mother beatrice

order of perpetual injunction

proof of the fact

property of late ambrose ejiafa jilezi

relief d fail

respective briefs of argument

respondent's preliminary objection

said beatrice

surviving appellant

way of a notice of appeal

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.

EJIAFA V. EJIAFA

EJIAFA
V.
EJIAFA