ADEREMI, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal (Enugu Division) delivered on the 21st of June 2000 wherein that court dismissed with costs the appeal lodged thereto by the present appellant but substituted the order of dismissal made by the trial court (High Court sitting at Nnewi) with an order striking out the suit instead.
Per his statement of claim dated 15th September, 1994 but filed on the 21st September 1994, the plaintiff/appellant claimed against the defendants/respondents as follows:
(1) a declaration that the said late Christopher Ojukwu is not the father of the 2nd defendant.
(2) a declaration that the said late Christopher Ojukwu died leaving only three female issues as between and the 1st defendant.
(3) a declaration that the 2nd defendant is not a member of the Ojukwu family of Okpono Ebenator Uruagu, Nnewi, and cannot inherit therefrom.
(4) an order of injunction restraining the defendant either by themselv…