HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Abia state High Court; Coram L. Abai, J sitting at Aba Judicial Division delivered on the 24th day of June, 2011.
The case of the Respondents who were the claimants at the Lower court is that, the 2nd Respondent is the widow of Late Felix Nwafor Nnoli of Mbanagu, Otolo, Newi in Nnewi North Local Government Area of Anambra State whom he married in 1950 under a Statutory Marriage. That the 2nd Respondent was the only wife of the said Felix Nnoli during his life time and the marriage was blessed with eight children consisting of six males and two Females. The 1st Claimant/Respondent is the first child of the marriage while the 1st Defendant/Appellant is the fourth in the hierarchy of the male children. It is also the case of the Respondents that after the marriage of the 2nd Respondent and her husband (Mr Felix Nwafor Nnoli), the couple were able to build the property in dispute kn…