The relative of the deceased told the court that the litigant died 15 years before the suit was filed.
Southern City News gathered that the Awka community had been enmeshed in crisis over the traditional stool, resulting in plethora of suits.
Testifying in court, a 78-year-old witness, Anthony Arinze, observed that Chief Oyeoka Jacob Arinze, was his uncle who died on October 18, 2003.
He added, “And he was interred on November, 21, 2003 at his compound, No 2 Muofunanya Street, Nkwelle-Awka.
“In the foregoing, he (the deceased) could not have originated or participated in the said suit since he was dead and buried more than 15 years ago.”
He described the suit and a certain January 15, 2018 judgment as pure fraud aimed to mislead the court.
To buttress his argument, Arinze attached a copy of the funeral brochure and the tribute he allegedly wrote in honour of his late uncle.
In his affidavit, Arinze, who claimed that he hailed from Achallaoji Quarter in Nkwelle-Awka, averred, “The suit No. A/358/2017 brought by Ichie Nweke Uche Okoye and others, including Chief Oyeoka Jacob Arinze (purportedly dead), in which judgment was entered on January 15, 2018, was never brought to the attention of the Nkwelle Community and was falsely claimed by the named plaintiffs.”
The court, however, adjourned the matter till May 2, 2018, following the application of the plaintiff’s lawyer, Mr. Uba Anene,that he needed some time to react to the counter-affidavit filed by the defendants.
He said he was not served directly, but was rather served through what he called a collaborating counsel.
The defence counsel, led by a Senior Advocate of Nigeria, Dr. Onyechi Ikpeazu, did not object to the application.