MUHAMMAD, JCA (Delivering the Lead Judgment): The parties in this appeal had a common natural father in Charles Akosa Ogoejofo, now deceased. The two, the appellant and the respondent, have two other sisters of the same father.
The respondent, as plaintiff, took out a writ dated 6th June, 1999 against the appellant, then as the defendant, to commence suit No. 0/443/ 99 at the court below. The subject-matter of the suit was ownership and management of the landed property situate at and known as No. 25A Old Market Road Onitsha. The same property had been held by the late Charles Akosa Ogoejofo under the Mgbelekeke Kola tenancy system.
Suit 0/635/98 in respect of the same No. 25A Old Market Road, Onitsha property had preceded suit No. 0/443/99. The former was commenced in 1998 by some nephews of the late Ogoejofo. These members of the larger Ogoejofo family of Umudei claimed jointly and severally that the property in dispute was owned in common by the late descendants of the four sub-fam…