OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu division, delivered on the 28th day of April, 2013. Coram: Abdulkadir, Akeje, and Agim, JJCA, wherein the Court below upheld the decision of the trial Court in granting reliefs 1, 2, 3, 4, and 5 of the Respondent's claim but set aside the part of the decision that granted reliefs 6 and 7 of the claim. The Court below also set aside the dismissal of the appellant's counter claims by the trial Court.
One Sylvanus Chigho Mba was the plaintiff at the trial Court and up to the 6th of December, 2017 when he was substituted by the order of Court. The appellant and the respondent are brothers of full blood, being children of late Mba Utobo of Amaowelle village, Amansea, in Awka North Local government Area of Anambra State.
Before the Nigeria civil war, the said late Mba Utobo held a compound at Okpuno-Uno, Amaowelle Village, Amansea, where he lived with his family.…