AMADI
V.
NWOSU

(2003) JELR 44898 (CA)

Court of Appeal · CA/PH/138/96 · 9 Jul 2003 · Nigeria

CORAM

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

plaintiff

evidence

appeal

respondent

customary court of appeal

customary court

grounds

uchegbu iriaka

court

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

cross-examination

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…

AMADI V. NWOSU

AMADI
V.
NWOSU