CHIOMA EGONDU NWOSU-IHEME, J.C.A.: (Delivering The Leading Judgment): The Appellant here was the Claimant while the Respondents were the defendants in an Originating Summons proceedings in Suit No. PHC/337/2006 in the Port Harcourt Division of the High Court of Rivers State.
By the said originating Summons filed on the 4th of April, 2006, the Appellant sought for the interpretation and construction of the Judgment in Suit No. PHC/153/90 delivered by Daniel-Kalio J, (as he then was) on the 8th of March, 2001. On interpreting the said judgment, the Appellant (claimant therein) seeks the following reliefs:
"1. Whether the Claimant herein is the person entitled to succeed to his late father's position as the head of Eruwa family, being the eldest and only surviving male child of his said father and the only surviving legitimate son of the Eruwa lineage?
2. If question No.1 is answered in the affirmative, whether the Claimant as head of Eruwa family is the person entitled to the custody an…