Sunday Okorie V. Christian Okorie (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the Imo State High Court in Suit No. HOW/209/90, delivered on 2nd May 2013 by Hon. Justice F. I. Duroha-Igwe, whereof the learned trial Court entered judgment for the Claimant (now Respondent) and ordered all the lands listed by the Claimant in Paragraph 24 of his Amended statement of claim, including the ones sold, to be shared or partitioned between the Claimant and the Defendant by the Eze and AMALAS of Orji, within 3 months, according to the native law and custom of Orji, and after the sharing, to report back to the Court, for final order(s) as the Court may deem fit to make.

At the trial Court the plaintiff (now Respondent) had sought:

(i) An order of Court that the Anyanwuocha Okorie pieces of land outlined in Paragraph 24 above should be shared between the families of Nathaniel, late father of the Plaintiff and Ezeji late father of the defendant by the Eze and Amalas of Orji, according to the native law and custom of Orji and after the sharing to report to the Court for final orders.

?(ii) An injunction restraining the

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defendant from harassing and cheating the plaintiff and from continuing to harass and cheat the plaintiff or his mother before and after the sharing

The paragraph 24 of the Amended Statement of claim had pleaded as follows:

?The Anyanwuocha Okorie lands as a whole comprise the following pieces of land

1) Compound of Anyanwuocha

2) Ishiezi

3) Azuna

4) Uhu Okpoulo (2 places)

5) Nwanu