This is an appeal from a decision of the Court of Appeal, Enugu Division given on 10 April, 1997 and reported as Mojekwu v. Mojekwu (1997) 7 NWLR (Pt. 512) 283. It touches on the peculiar system of kola tenancy in Ibo land. In this particular case, it is what is known as the Mgbelekeke family kola tenancy system of Onitsha. The plaintiff, now Appellant, brought an action in June, 1983 in the High Court of Onitsha Judicial Division in respect of property subject of the said kola tenancy against Mrs. Caroline Mgbafor Mojekwu (who having died, has now been substituted in this appeal by Mrs. Theresa Iwuchukwu) claiming as follows:

The case presented by the Plaintiff is that his only uncle Okechukwu Mojekwu acquired a parcel of land from the Mgbelekeke which is known as No. 61 Venn Road South Onitsha, The man died in 1944 and was survived by two daughters and a son called Patrick Adina Okechukwu Mojekwu (hereinafter referred to as Patrick), He said his own father, the only brother of Okechukwu Mojekwu, died in 1963 while Patrick, the only son of his said uncle, died during the Nigerian Civil War without any child. He claimed that by virtue of Nnewi native law and custom, he has succeeded to the estate of his late uncle, Okechukwu Mojekwu, and is now the head of the Mojekwu family. He lays claim to the property by virtue of a document (Exhibit 1) he got from the Mgbelekeke family.

The mother of late Patrick was Caroline Mgbafor Mojekwu. The two daughters of Okechukwu Mojekwu are Mrs. Basilia Nwokwu and Mrs. Theresa Iwuchukwu who has been substituted for Caroline Mgbafor Mojekwu as the present Respondent.

The Defendant (Caroline) on the other hand had claimed that the property in question had passed to late Patrick, the only son of Okechukwu Mojekwu and that later it passed to Patrick Chukwuemeka Okechukwu (hereinafter referred to as Emeka), the alleged infant son of Patrick. She claimed that when the house built by her husband went into ruins during the Nigerian Civil War, she rebuilt it, without any reference to the Plaintiff, with her own money. She put in all the fee-paying tenants including one Clement Udezue, at first a difficult tenant who later agreed to pay rent to her; but he has been ejected ever since. She said that the Plaintiff misrepresented facts to the Mgbelekeke family to recognise him as the person entitled to continue the kola tenancy. It was averred "that recognition of the Plaintiff, a stranger under the facts and circumstances of this case and where the male and female issues of the deceased kola tenant are living, is contrary to the Onitsha customary kola tenancy system of devolution of property on death."

The learned trial Judge (Amaizu, J.) painstakingly considered the case and on 17 September, 1993, dismissed the suit. By a unanimous decision, the Court of Appeal dismissed the appeal against that judgment on 10 April, 1997.

Dissatisfied, the Appellant further appealed to the Supreme Court.