Engineer Emmanuel Osolu V Engineer Uzodinma Osolu & Ors (2003)

LAWGLOBAL HUB Lead Judgment Report

MUSDAPHER, J.S.C.

This is an appeal by 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:

(i) Against the 1st – 5th defendants jointly and severally as follows:-

(a) A declaration that the plaintiff is the eldest son or the “Okpala” of the late Reverend Jeremiah Osolu.

(b) 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.

(c) 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 or manner whatsoever interfering with the plaintiff’s possession and occupation of the said Obi including the plaintiff’s father’s house built inside the compound.

(d) A further declaration that in accordance with the Amichi customary law any male son of late Rev. Jeremiah Osolu who is sui juris and has built a house of his own outside the Obi compound is no longer entitled to continue to keep a house in the Obi compound.

(e) A declaration that on the demise of the plaintiff’s father the plaintiff according to Amichi customary law takes over the control and management of the estate of the father in trust for the beneficiary children.

(ii) Against the 1st defendant only:-

(f) A mandatory order of the court compelling him to vacate his house in the Obi compound.

(iii) Against the 6th defendant only.

(g) A mandatory order to compel him to vacate his house inside the Obi compound.

(h) A further mandatory order to compel the 6th defendant to move the prayer house/the church out of the Obi compound and clear the worshippers including patients from the said Obi compound,