ORAKWE
V.
ORAKWUE & ORS

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of Anambra State delivered in suit no. O/527/1998 on 21/9/2006. The facts of this case are that late Samuel Oguno Orakwue had four male children namely in order of seniority: (1) David Orakwue (2) Stephen Orakwue (3) Clifford Orakwue (4) Kenneth Orakwue. The appellant is one of the sons of David Orakwue and grandson of Samuel Oguno Orakwue. Both parties agreed that Samuel Oguno Orakwue in his lifetime acquired the land known as No. 30, New Market Road, Onitsha from Mgbelekeke family of Onitsha under the Mgbelekeke kola customary tenancy. It is the contention of the appellant that upon the death of Samuel Oguno Orakwue, the land devolved on his children. The said four sons of Oguno on behalf of Samuel Oguno Orakwue leased the land to Paterson Zochonis Nigeria Limited (PZ) in 1962 and the transaction is evidenced by a deed of lease registered as 50/50/188 ten…