MOHAMMED, J.S.C. (Delivering the Leading Judgment): The dispute between the parties in this appeal originated from a landed property known or described as No. 25A, Old Market Road, Onitsha. The property was held under the Mgbelekeke Kola tenancy system of Onitsha by the late Charles Akosa Ogoejeofo who died intestate leaving behind his close family relations and his children amongst whom are the appellant and the respondent in this appeal.
By a suit No. 0/635/98 filed at the Onitsha High Court, the members of the larger Ogoejeofo family sought for an order of court for a declaration that the four sub-families of the late Enyi Ugwuagbalu Eweta Ogoejeofo, the original holder of the property in dispute, were entitled to participate in its inheritance together with the parties in this appeal and their sisters who hitherto claimed exclusive right to the property left behind by their father. This case did not proceed to trial because the parties, made up of 9 plaintiffs members of the 4 su…