UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Delta State Customary Court of Appeal delivered on 15th December, 2010. A pellucid appreciation of the disceptation in this appeal requires an elaborate redaction of the background facts leading to the instant appeal.
The contest is in respect of the sharing of the Estate of late Chief Moses Uchebike Omuzaga who died intestate on 29th March, 1998. The toreadors are the 1st Appellant, the widow of the deceased, and the 2nd Appellant, the second son of the deceased on one side, who maintain the action in a representative capacity for themselves and on behalf of the Children of the deceased born by the 1st Appellant. On the other side of the divide is the Respondent, the eldest male child of the deceased, born by a different mother.
The genesis of the matter goes back to 27th February, 2001 when the Appellants as Plaintiff instituted an action in Suit No.UACC/1/2001 at the Uk…