(2003) JELR 44898 (CA)    

Court of Appeal  ·  CA/PH/138/96 ·  9 Jul 2003 ·  Nigeria
MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria DAVID ADEDONYI ADENIJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court of appeal
customary court
uchegbu iriaka
issue of pledge
customary pledge
decision of the trial court
evidence of p.w.1
learned judges
piece of land
preliminary objection
trial customary court
aboyi john ikongbeh
additional evidence
available evidence
b. b. i. ojako
chief j. o. nwachukwu
customary law of the place
decision of abo umuopara union of isu
decision of eze f. a. akano
decision of the appellate customary court
decision of the imo state customary court of appeal
direct evidence
evidence of the fact
existence of a pledge transaction
f. a. akano
favour of the plaintiff
fresh evidence
g. i. ikoroha
j. c. ihejirika
judges of the trial customary court
judgment of the customary court
leading judgment
lead judgment of the customary court of appeal
learned customary court of appeal judges
learned judges of the customary court of appeal
local union
mr. e. c. iwuala
none of the grounds
proof of title
respondents relations
totality of the evidence
weight of evidence

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Imo State Customary Court of Appeal, sitting at Owerri. The appellant was the respondent before that Court and was the plaintiff before the trial customary court, Nkwerre Judicial District, sitting at Onu-Nwangele. His claim against the respondent herein before the Trial Customary Court was for a piece of land. He claimed that his father had pledged the land to one of the respondents relations for N20.00. As the respondent would not let him redeem it he took the matter before their local union, which found for him and ordered him to deposit the redemption money of N20.00 with them and take his land. As the respondent was still adamant he took the matter before the Eze and his cabinet. This body also found for him. As a last resort he went to court.

The judges of the Trial Customary Court, B. B. I. Ojako, G. I. Ikoroha and J. C. Ihejirika heard evidence from both parties and ga…

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