JOHN INYANG OKORO, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal, Owerri Imo State in Appeal No. CCA/OW/A/4/2010 delivered on the 16th day of December, 2010. In the said judgment, the lower court of appeal allowed the appeal of the Respondents herein and set aside the order complained of in the appeal. A synopsis of the facts of this case will suffice.
The Respondents in this appeal sued the Appellant and one Christopher Okereke (now deceased) at the Customary Court of Ideato North Local Government Area, holden at Ndiowa, Arondizuogu in Suit No. CC/AN/35/98 praying for an order directing the appellant (as defendant) to share 8 parcels of land of late Okereke Ilegbu, the father of the Respondents and the grandfather of the Appellant in this appeal 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…