TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Anambra State High Court of Justice, holden at Ogidi, delivered on 9th August, 2006.
The appellant as plaintiff at the Customary Court, Ogidi in suit No. CCO/44/98 brought an action against his three siblings one of whom was Edwin Umeadi, the 3rd Defendant (now deceased), claiming:-
(a) The possession of the piece of land/house situated at Mgbuke, Umunnachi.
(b) N1,500 damages for the trespass into the said house/land in dispute.
(c) Any further Order of the Court may deem fit to make in the circumstances.
The said 3rd Defendant (Edwin Umeadi) also filed his own action against the appellant in Suit No. CC/44/98 in another matter vide Suit No. CCO /47 /98. The late Edwin Umeadi, the Plaintiff in Suit CCO/47 /98 claimed from his siblings Emmanuel Umeadi, Anthony Umeadi and Charles Umeadi the followings:
(a) A declaration that the Plaintiff is the person entitled to the Customary Right of Oc…