EZENWERE & ANOR.
V.
EZENWERE & ORS.
·
M.E. AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Owerri High Court sitting at Owerri, delivered on 27th July, 1993 in Suit No. HOW/302/87.
The Respondents' case in the lower court put briefly was that the deceased Anthony Ijeoma Ezenwere, a native of Ndi Okike kindred of Aro Umuonyeche Owerri, was a retired Customary Court Official who married four wives and had eighteen children. During his life time, the deceased acquired real property in various places where he worked as Customary Court Official. On his retirement, he sold the properties and with the proceeds of sale and the assistance of his large family, he built a large Estate at Egbu Owerri which he named Silver Valley Estate.
Sometimes in 1986, when he had completed part of the Estate, he moved into the Estate with his most junior wife, Salome, 2nd defendant and her son, 1st defendant, and left his other wives and children behind at his ancestral house of four rooms, as t…