MUSDAPHER, JSC (Delivering the Lead Judgment): This is an appealby the plaintiff against the decision of the Court of Appeal, Enugu division, whereby on the 20th day of November, 1997, the judgment of Offiah J, (as he then was) sitting at Nnewi High Court of Anambra State was set aside.
The plaintiff’s claim before the aforesaid High Court as per paragraph 29 of the statement of claim reads:- “29. Wherefore (sic) plaintiff claims:
Against the 1st - 5th defendants jointly and severally as follows:-
A declaration that the plaintiff is the eldest son or the “Okpala” of the late Reverend Jeremiah Osolu.
A declaration that as the eldest son or Okpala of late Rev. Jeremiah Osolu the plaintiff is entitled in accordance with the Customary Law of Amichi town to possess and occupy the Obi compound of late Rev. Jeremiah Osolu. A perpetual injunction to restrain the defendants , their servants, agents and/or privies from disturbing the plaintiff’s quiet enjoyment of the Obi compound or in any way…