OKANU
V.
OKANU & ANOR
TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the 2nd defendant/appellant against the decision of Imo State High Court sitting at Nkwerre Judicial Division in consolidated Suit No. HON/6/99 and HON/8/2000 delivered on 14/10/2010.
The original plaintiff in the consolidated Suit was Sunday Okanu. This was in respect of HON/6/99. He instituted the action against his senior brother and claimed as follows:
(a) Declaration that ALA UZO OHIA situate at Okwu village Nkwerre in the Nkwerre L.G.A. in a family land, jointly inherited by the 2nd defendant and plaintiff who are brothers of full blood, from their father.
(b) Declaration that the plaintiff and the 2nd defendant are jointly entitled to the statutory right in respect of the piece or parcel of land known as ALA UZO OHIA situate at Okwu village in Nkwerre L.G.A. of Imo State within jurisdiction.
(c) Declaration for the purported sale of the said land ALA UZO OHIA by the 2n…