EKO JCA (Delivering the Lead Judgment): This appeal is against the decision of the Customary Court of Appeal of Imo State holden at Owerri.
The lead judgment of A.B.C. Egu, JCCA, concurred by two other members of the said Customary Court of Appeal, is dated 10 June 1999. The Customary Court of Appeal set aside the decision of the Customary Court, Obowo in suit No. CC/BW/50/94 dated 17 November 1995, wherein the Customary Court sitting at Obowo had awarded the disputed land to the appellants herein. The basis of the Customary Court of Appeal decision is that the decision of the Customary Court, Obowo in suit No. CC/BW/59/94 on 27 October 1995 between the same parties wherein the Customary Court awarded the same disputed land to the respondents in this appealstill subsisted as at 17 November 1995 when the judgment in suit No. CC/BW/50/94 was given.
The Customary Court of Appeal had reasoned at page 150 of the record that:
“It is the usual practice to consolidate two suits where the parti…