OHIARA
V.
OHIARA
·
Ohiara v. Ohiara (2002) 16 NWLR (Pt. 794) 607
IKONGBEH, J.C.A. (Delivering the Leading Judgment): The 2nd defendant before the High Court of the old Imo State, has brought this appeal. He was not a party to the action that gave rise to this appeal at the commencement of that action. The respondent, as plaintiff, had brought the action against the 1st defendant as the sole defendant.
The appellant and two other persons were, on their application, joined as 2nd - 4th defendants after the plaintiff/ respondent had concluded his evidence-in-chief.
The plaintiff's/respondent's claim was for a declaration of title to certain parcels of land, damages for trespass to the parcels of land, and perpetual injunction restraining the defendant from further trespass to them. His case against the 1st defendant, who was his elder brother of the full blood, was that the parcels of land constituted his (plaintiff's) share of the many parcels of land owned by their late father, Ohiaraumunna, after same had been shared out between the 1st defendant a…