OKWARAONONI
V.
MBADUGHA

MUHAMMAD JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Owerri Division, delivered on 9 April 1998 in respect of the appeal and cross-appeal from the decision of the Abia State High Court, sitting at Okigwe dated 22 September 1989. Theformer court shall, hereinafter be referred to as the court below and the latter as the trial court. A summary of the facts of the case which brought about the appeal is attempted at once. The two suits Nos. HO/3/71 and HO/4/71, filed at the trial court by the Nkahu and the Umuchoke families respectively, against each other, were consolidated, heard and determined. For thepurpose of the consolidation, the plaintiffs in suit No. HO/3/71, the appellants before us, were regarded as the plaintiffs with the plaintiffs in suit No. HO/4/71, the respondents in the instant appeal, being the defendants, in suit No. HO/3/71, the plaintiffs claimed thus: “(a) Declaration that the plaintiffs are entitled to the cu…