UBAEZONU, JCA (Delivering the Lead Judgment): The case which gave rise to this appeal originated in the Customary Court, Mbamisii. At the conclusion of the case, the court ordered, among others, that the 3rd defendant/appellant (Ejike Ezeobi) should vacate the 1st plaintiffs/ respondent’s house (Obi House) with his mother on or before the 31st December, 1995. This order was made on the 30th October, 1995. I have confined myself to this order as it seems to be the kernel of the controversy which went on appeal from the customary court to the Chief Magistrates’ Court and which finally gave rise to a certiorari proceeding which eventually landed the parties in this court. Dissatisfied with the judgment of the Customary Court, the appellants appealed to the Chief Magistrates’ Court
Aguata in Anambra State. On the 4th February, 1998 the Chief Magistrate
(Coram Mrs. V. N. Ibeziako) in a reserved judgment, in effect, varied the judgment of the Customary Court but substantially affirmed the…