HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State delivered by Hon. Justice M.A. Onyiuke on 29/10/2003, who after full hearing, suo motu struck out the suit as badly constituted.
The case of the Appellant (being deceased and substituted by Barrister Richard Nwabufo Obienu at the lower Court) was that the Respondent/Cross-Appellant, who came from Ejiofor branch of Nnewi family, sued initially the 1st to 5th Respondents (now Appellant, and 2nd to 4th Respondent). Later, the Respondent/Cross-Appellant joined 5th Respondent (for himself and as representative of Umeonibe branch of Ezenwe family).
The claims of the Respondent/Cross-Appellant as plaintiff at the trial court are as follows:-
1. A declaration that members of Ejiofor, Umeonibe and Ezenwajiaku branches are the joint owners of Nwangbu land, situate, lying, and being at Okpuno Ebenator, Uruagu, Nnewi and shown verged pink in Survey Plan No. …