DURU & ORS
V.
OKORO

(2015) JELR 45725 (CA)

Court of Appeal · CA/OW/287/2011 · 27 Feb 2015 · Nigeria

CORAM

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria FREDERICK O. OHO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

appeal

issues

respondent

customary court of appeal

evidence

counsel

customary court

lower court

nwa nwa

trial court

grounds of appeal

question of customary law

exhibit c

parcel of land

county court

decision of the customary court of appeal

appellate court

case of pam

customary right of occupancy

decision of the trial

evidence of oath

findings of the lower court

records of appeal

said piece

akpata vs ugo

alleged customary law grant

appeal n0

brief of argument

business of the customary court

close look

close of the case

concurrent findings of facts

customary court of appealed

customary law evidence of customary tenancy

customary law grant of the land

customary law oath

evidence of previous proceedings

findings of fact of the trial court

further appeal

hon justice m.e. njoku

ita g. mbaba j.c.a.

jurisdiction of this honourable court

leading judgment

notice of appeal

purported issues

record of proceedings

resident natives of umuapiti isiebu umuduru

ITA G. MBABA J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the Customary Court of Appeal of Imo State in Appeal N0:CCA/OW/91/2008, delivered on 7/4/11, Coram: Hon Justice M.E. Njoku (Presiding), Hon. Justice A.B.C. Egu (president) and Hon. Justice C.U. Anwukah, wherein they affirmed the decision of the trial Customary Court in Suit NO.CC/SM/2649/97, giving judgment to the Respondent herein (who was Plaintiff at the Customary Court) and dismissing the counter-claim of the Defendants (Appellants herein).

The Respondent's claim at the trial Court was taken in a representative capacity, as follows:

(a) " A Declaration that the Plaintiffs who are resident natives of Umuapiti Isiebu Umuduru in Isiala Mbano Local Government area are entitled to the Customary Right of Occupancy to all that piece or parcel of land known as and called "ALA OKPOTU ULO UMUAPITI" lying, being and situate at Umuapiti, Isiebu, Umuduru in Isiala Mbano L.G.A. within the jurisdicti…

DURU & ORS V. OKORO

DURU & ORS
V.
OKORO