Raphael Igwedibie V. Jonas Igwedibie & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

The appellant in this appeal was the plaintiff in Suit No. A/88/96 commenced at the Awka Division of the High Court of Anambra State through the Writ of summons filed on 10th May, 1996. As stated in the Writ of Summons and in paragraph 36 of the Amended Statement of Claim filed on 13/9/04, the plaintiff had claimed as follows:

(a) A Declaration that under the Amawbia native law and custom, the common law and equity, the plaintiff, the defendants and late Emmanuel Igwedibie are entitled to equal shares of the pieces or parcels of land mentioned in paragraph 15 hereof which their respective mothers contributed equal sums of money with which their said mothers redeemed the said pieces or parcels of land for and on behalf of their respective sons after the death of Igwedibie Obungene.

(b) A DECLARATION that under the Amawbia native law and custom, the common law and equity, the plaintiff, as the next-of-kin of late Emmanuel Igwedibie, and as the person who buried him and performed his funeral rites, is entitled to take and own (inherit) late Emmanuel Igwedibie’s shares of the property mentioned in paragraph 15 hereof.

(c) AN ORDER of this court that late Emmanuel Igwedibies’s shares in the pieces or parcels of land mentioned in paragraph 15 hereof be taken and owned (inherited) by the plaintiff.

(d) A DECLARATION that under the Amawbia native law and custom, the common law and equity, late Emmanuel Igwedibie is entitled, as the plaintiff and the defendants, to equal shares of the pieces or parcels of land stated in paragraph 19 hereof which he and the plaintiff and the defendants contributed equal sums of money with which the said pieces or parcels of land were redeemed, before the death of Emmanuel Igwedibie, notwithstanding that Emmanuel Igwedibie was not survived by a wife or child.

(e) A DECLARATION that under the Amawbia native law and custom, the common law and equity, the plaintiff as the next-of-kin of the deceased Emmanuel Igwedibie and as the person who buried him and performed his burial rites, is entitled to take and own (inherit) late Emmanuel Igwedibie’s shares of the property mentioned in paragraph 19 hereof.

(f) AN ORDER of this court that late Emmanuel Igwedibie’s shares in the property stated in paragraph 19 hereof be taken and owned (inherited) by the plaintiff.

(g) A DECLARATION that under the Amawbia native law and custom, the common law and equity, late Emmanuel Igwedibie is entitled, as the plaintiff and the defendants, to equal shares of the pieces or parcels of land known as and called:-

(a) Ngam land marked K in the plaintiff’s survey plan, and

(b) Ngam “Ezi Nwugha land marked “L3” in the plaintiff’s survey plan in which late Emmanuel Igwedibie, the plaintiff and the defendants contributed equal sums of money with which they financed court litigations against Mbanefo Officha family and Daniel Nwammor Nwoye family respectively and won.

(h) A DECLARATION that under the Amawbia native law and custom, the common law and equity, the plaintiff, as the next-of-kin of late Emmanuel Igwedibie and as the person who buried him and performed his funeral rites, is entitled to take and own (inherit) the late Emmanuel Igwedibie’s shares of the said pieces or parcels of land marked “K” and “K3” in the plaintiff s survey plan.

(i) AN ORDER of this court that late Emmanuel Igwedibie’s shares in the pieces or parcels of land marked “K” and “L3” in the plaintiff s survey plan be taken and owned (inherited) by the plaintiff.

(j) AN ORDER that:-