PHILOMENA MBUA EKPE, J.C.A: (Delivering the Leading Judgment): This is an appeal and cross appeal by the appellant and Respondent against the decision of the Customary Court of Appeal of Imo State dated 22nd day of April, 1997 in Appeal No. CCA/OWA/30/96.
The said appeal arose from the decision of the Customary Court of the Ohaji District, Imo State dated 6th November 1995 in Suit NO. CC/HJ/26/93. Not satisfied with the decision of the customary Court of Appeal Imo State, both parties appealed to the Court of Appeal while the Appellant appealed through E.C. Maraizu, Esq., the respondent cross appealed with the leave of this court and was granted extension of time to cross-appeal. By the notice of change of counsel filed on the 3/12/2004, the Appellant changed his former counsel.
This appeal was filed at the Port-Harcourt Division of the Court of Appeal in Appeal No. CA/PH/13/2000 and with the creation of the Owerri Division of the Court of Appeal, same was sent to this court as the pa…