ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the Customary Court of Appeal of Imo State in Appeal No. CC/OW/A/36/2006, delivered on 3rd day of July, 2007 by Hon. Justice C.U. Anwukah (Presiding), Hon. Justice A.B.C. Egu (Member) and Hon. Justice P.I. Okpara (Member), wherein the Lower Court dismissed the appeal against the judgment of the trial Customary Court, which had given judgment to the Plaintiffs (now Respondents) at the trial Court, in Suit No. CC/IS/4/2003.
The claim of the Plaintiffs at the trial Customary Court was for:
(a) A declaration that under the native law and custom of Umunwodo Ororina Okwara Umundugba in Isu Local Government Area of Imo State, the 2nd Plaintiff is the head of the family of late Mgbeke of Umunwodo Ororina Okwara Umundugba
(b) A declaration that the 2nd Plaintiff is entitled to be succeeded in the position as the head of Mgbeke family.
(c) An Order of injunction restraining the defendants by themse…