Judgment
ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This appeal against the decision of the Court of appeal Enugu Division (herein referred to as the Court below), delivered on the 22nd of May 2008, dismissing the Appellant’s appeal.
The Appellant herein was the Plaintiff at the High Court of Anambra State (hereafter called the Trial Court). By a Writ of Summons and an Amended Statement of Claim dated the 27th of October, 1997, the Appellant claimed the following reliefs: 1. A DECLARATION that the defendant and his members of Dim-Onyenagolum family are not entitled and cannot occupy the Obiship of Umui-Ikeogu/Ezekwuabo/Nsunano. 2.
A DECLARATION that the plaintiff is by the Nnewi native law and custom of patrilineal inheritance, the person solely entitled to occupy the stool of Isi-Oblsblp of Nsunano/Ezekwuabo village in Otolo quarter in Nnewi town. 3. A DECLARATION that the Plaintiff is the recognized and incumbent Isi-Obi of Nsunano/Ezekwuabo village in Otolo quarters of Nnewi town and that the attempt by the defendant to constitute himself a rival/parallel Isi-Obi of Ezekwuabo village and/or so parade himself, is contrary to Nnewi
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custom and is therefore illegal and unlawful. 4. AN INJUNCTION restraining the defendant, his servants, agents, privies, associates or workmen from breaching the custom of the Nnewi town by constituting himself a parallel Isi-Obi of Umu-Ikeogu/Nsunano/Ezekwuabo village or in any manner whatsoever parade himself or lay claim to the stool of Isi-Obi Umu-Ikeogu/Nsunano Ezekwabo village or do any act or perform any function directly or indirectly bearing or touching on the Isi-Obiship of Umu-Ikeogu/Nsunano Ezekwabo village. See pages 45-46 of the record.
At pages 75-88 of the Record, the Respondent filed a 19-paragraph amended statement of defense and a counter claim, and he sought for the following reliefs: 1. A DECLARATION that the traditional office of Isi-Obi Ezekwuabo family of the plaintiff and the defendant resides in the defendants Dim-Onyenagolum lineage of Umu-Ikeogu under the custom of Nnewi town community. 2.
A DECLARATION that in accordance with the aforesaid custom, the Isi-Obi of Ezekwuabo was usurped by the plaintiff’s Dim Ughanwa lineage of Umu-Ikeogu and shall terminate/abate immediately on the present tenure of the plaintiff.
