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ARUM
V.
NWOBODO

(2003) JELR 40046 (CA)

Court of Appeal 4 Dec 2003 Nigeria
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- The case began in the Customary Court of Awkunanaw and was later appealed to the High Court. - The respondent raised a preliminary objection regarding the competence of the appeal, which was dismissed. - The first issue discussed in the a

Case Details

Suit Number:CA/E/60/2002
Judges:MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MONICA BOLNA’AN DONGBAN MENSEM Justice of The Court of Appeal of Nigeria
Counsel:Chief Okwuchukwu Ugolo For Appellant C. H. C. Nwanya, Esq. For Respondent

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The suit which culminated in this appeal commenced with a plaint note (civil) in the Customary Court of Awkunanaw, holden at Ozalla of Enugu State of Nigeria. Assigned suit No. AWK/3/97, the case was filed on the 14th November, 1997, and judgment was delivered on 7th September, 1998. The trial Customary Court pronounced judgment in favour of the plaintiffs granting the two claims of the plaintiffs against the defendants.

Dissatisfied with the judgment of the trial court, the appellants appealed to the High Court in its appellate jurisdiction. On the 1st of November, 2000, the Hon. Justice E.C. Ahanonu of the Enugu State High Court pronounced judgment in the appeal, affirming the decision of the Awkunanaw Customary Court. This suit is a further expression of the discontentment of the appellants, who have now lodged a further appeal before this court.

The appellants in this court were the defendants/appellants bef…

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