AGARA & ORS
V.
OGBOJI

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the Customary Court of Appeal, Ebonyi State, in Appeal No. CCA/14A/2009, delivered on 24th March, 2010, wherein the lower Court, dismissed the appeal by Appellant against the judgment of the Nwelem Customary Court, which favoured the Plaintiff.

At the trial Customary Court, the Plaintiff (now Respondent) had sought the following reliefs, in a claim, filed on 17/4/2008:

(ii) “For an Order of Court compelling the 1st Defendant to accept the sum of N200.00 which the 1st Defendant used in performing the traditional hoe mark “Iye Ogu” on the said land.

(iii) For an injunction to prevent the 1st Defendant and their servants or workmen from using the said land till final trial of this Suit.”

After hearing the case and considering the evidence, the trial Court held in favour of the Plaintiff, in the Suit, No. NWCC/6/2008, as follows:

“The Plaintiff is hereby granted customary right of occupancy ov…