KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State, Orlu Judicial Division delivered on 6th December 2005 dismissing the appellant's application for an order of certiorari to quash the ruling of the Customary Court, Ndiawa, Arondizuogu dated 17th September, 2004.
The 2nd and 3rd respondents herein (and one Christopher Okereke, now deceased), as plaintiffs had instituted an action against the appellant (as defendant) before the Customary Court of Imo State, sitting at Ndiawa Arondizuogu, in the Ideato Local Government Area, for an order directing the defendant to share 8 parcels of land with them according to custom, an order sharing the said parcels of land and injunction. The appellant filed a counter claim seeking a declaration that he was entitled to the customary right of occupancy in respect of the said parcels of land by virtue of inheritance from his father. He also sought an …