Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108823 (CA)    

Court of Appeal  ·  CA/E/14/2011 ·  10 Sep 2021 ·  Nigeria
Ahmad Olarewaju Belgore, JCA Ita George Mbaba, JCA Joseph Olubunmi Kayode Oyewole, JCA

Ratio Decidendi

Core Terms Beta
lower court
trial court
customary court of appeal
customary law
trial customary court
customary court
ebonyi state
question of customary law
1st defendant
application of the doctrine of judicial notice
iye ogu
said land
issue of customary law
judgment of the trial customary court
abia state customary courts law
ahmad olarewaju belgore
appeal no. cca
appellants’ counsel
applicable establishing law
chairman of the trial court
civil proceedings
customary courts law of abia state
customary right of occupancy
decision of nwelem customary court
duty of the state government
ebonyi state customary court law
final trial of this suit
good faith
hon. justice o. connel ogbonna
honourable court
judges of the customary court
judgment of the customary court of appeal
judgment of the nwelem customary court
judicial notice of custom
judicial notice of the custom
laws of ebonyi state
leading judgment
local government
lower customary court of appeal
notice of appeal
order of court
provisions of the establishing law
respondent’s case
said abia state law
state government
text book
traditional hoe mark

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…

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