ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Customary Court of Appeal of Abia State in Appeal NO. CA/UM/A/01/2011, delivered on 13/12/2011, Coram:
Hon. Justice S.M.C. Ururuka-Onyensoh PJ CCA
Hon. Justice E.U. Onuoha JCCA
Hon. Justice Okey I. Nwamoh JCCA, whereof their Lordships allowed the appeal to that Court, in part, and varied the orders of the trial Customary Court, as follows:
(1) The judgment of the Lower Court dismissing the Plaintiff/Appellant claims for lacking in merit is hereby affirmed.
(2) The invalidation of indenture A for future use by the Lower Court is hereby set aside.
(3) This Court further affirms that the document marked Indenture E, tendered by the Defendants/Respondents is genuine and admissible in evidence.
(4) The Defendants are entitled to continue in possession of the said land known as and called Eburubu Uzo Nkpa Abu.
Cost is assessed at N10,000.00, in favour of the Respondents against the Appellant.
Th…