S.A. OLAGUNJU, J.C.A. (Delivering the Leading Judgment): At the Onitsha Judicial Division of the Anambra State High Court, on 25/4/88 one Christian Nzewi sued one Ekedile Ibeagwa claiming to be the owner of a piece of land mutually identified by the parties as 'Ani Nke Orie Anu' at Nnaba Village of Awka Etiti and for a declaration that he is entitled to a grant of customary right of occupancy over the land; he also claimed damages in trespass and asked for an injunction against the defendant restraining him from further trespass on the land.
Before hearing began (a) three other persons and one John Oragui who died during the trial applied to be joined as defendants to defend the action in a representative capacity for themselves and on behalf of 'the Umuakukwe family' and (b) the plaintiff, Christian Nzewi, died and his son, Enoch Nzewi, was asked to be substituted as the plaintiff. The two applications were granted. The action continued and was concluded between the plaintiff and the…