EJEMBI EKO, JSC (DELIVERING THE LEADING JUDGMENT): The parties in this appeal are all members of Chief Ozo Offodile Family of Umuayon Village, Awka in Anambra State. It is not in dispute that the Appellant, as the Plaintiff, is the sole surviving direct son of Chief Ozo Offodile. The 1st - 5th Respondents, as Defendants, admitted that they are all "grandchildren of Chief Ozo Offodile" and also that the 6th Respondent, as the 6th Defendant, "is a great-grandchild of Chief Ozo family. On these indubitable facts, the trial Court found and held that "the Plaintiff being the only surviving direct son of Chief Ozo Offodile - is the head of the said (Chief Ozo Offodile) family in accordance with the Awka native law and custom". This specific judgment on the peculiar facts has not been challenged. It subsists and remains binding between the parties in this appeal.
Such findings of fact neither appealed nor challenged are undisputed and are taken as admitted and acceptable to the parties. OLUKO…