AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against part of the judgment delivered on 14/10/2010 by the High Court of Justice, Imo State presided over Hon. by Justice P.C. Ikpeama (hereafter to be simply referred to as “the lower Court” and “learned trial Judge” respectively).
The facts of the case as captured in the judgment of the lower Court appealed against go thus: -
“The original plaintiff in the consolidated suit Sunday Okanu took out Suit No HON/6/99 against the defendant’s (sic: defendants) the 2nd of whom is his senior brother claiming as follows:
(a) Declaration that “ALA UZO OHIA” situate at Okwu village Nkwerre in the Nkwerre L.G.A is 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 of occupancy in respect of the piece or parcel of land known as and called “ALA UZO…