HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice Peter C. Obiorah of the Anambra State High Court delivered on 23/4/12.
The facts that led to this appeal are as follows:-
The subject matter of the suit at the trial Court is a parcel of land situate at and known as No. 36, Isiokwe Road, Onitsha. The 1st Appellant (1st Defendant) and the Respondent (plaintiff) are brothers and the land in dispute is part of the estate of their father, Late Ozomma Obiesie Erokwu.
The land in dispute was sold to the 2nd Appellant by the 1st Appellant and the 2nd Appellant began erecting his house on the said land. The Respondent got wind of the development of the said land in dispute and consequently instituted an action in Court claiming the following reliefs:-
1. A declaration that 36, Isioke Road, Onitsha is part and parcel of the Estate of Late Ozomma Obiesie Erokwu.
2. A declaration that the estate of Late Ozomma Obiesie Erokwu has…