In the trial Court i.e. the Anambra State High Court of Nnewi Judicial Division the Plaintiff (the Appellant) claims against the sole Defendant-Stephen Ojiogu (deceased) (later substituted by the Respondents) as per paragraph 20 of the Amended Statement of Claim as follows:-
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i
"A declaration of Court that the Plaintiff is the son of late Nwachukwu Ojiogu, the elder brother of the Defendant and as such the person entitled to occupy the "Obi" compound and "Obi" lands of Ojiogu Ifionu of Ndiojukwu-Uruagu-Nnewi in accordance with the Nnewi Native Law and Custom.
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ii
A declaration of Court that it is the right and responsibility of the Plaintiff under Nnewi law and custom as "Diokpala" in Ojiogu Ifionu family to allot to the Defendant, the Defendant's share of the unshared family land of Ojiogu.
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iii
A declaration of Court that the three commercial buildings erected (sic) on Ojiogu Ifionu's family land by the Defendant from the proceeds of a disposition by sale of a portion of Ojiogu Ifionu family land to one Eric Anosike are common properties of both Plaintiff and the Defendant.
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iv
An injunction restraining the Defendant his agents and servants from unilaterally meddling, controlling, alienating or managing any portion of Ojiogu Iflonu's estate whatsoever at the exclusion of the Plaintiff who is a full grown adult male with children, until the said estate is properly shared and demarcated between the Plaintiff and the Defendant under Nnewi native law and custom."
Nine witnesses including the Plaintiff testified in support of the Plaintiff's case while five witnesses testified for the defence. At the close of learned Counsel's addresses the trial Court in a considered judgment upheld the Plaintiff's entitlement to the reliefs sought in the claim and granted the same accordingly. In concluding the judgment, the trial Court at page 240 of the Record pronounced as follows:-
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"I have held above that from the evidence before me Stephen Ojiogu did not perform "Itugha Nkwu" customary ceremony for Margaret Ojiogu. That being so, Margaret Ojiogu continued to be the wife of Nwachukwu Ojiogu since she is still living in Nwachukwu Ojiogu's Ojiogu's (sic) house, under the customary law of Nnewi people. I hold that the Plaintiff even though born seven years after the death of Nwachukwu Ojiogu, is the son of Nwachukwu Ojiogu according to the customary law of Nnewi people.
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There is evidence that the Plaintiff is the first son of Nwachukwu Ojiogu. It follows then that since it is common ground that Nwachukwu Ojiogu was the head or Obi of Ojiogu Ifionu family and that Ojiogu Ifionu's property has not been shared, the Plaintiff is the head or Obi of Ojiogu's Ifionu's family, and I so hold."
The Defendants being dissatisfied with the decision have appealed to the Court of Appeal, Enugu Division which allowed the appeal and set aside the judgment of the trial Court
