(2015) JELR 45725 (CA)    

Court of Appeal  ·  CA/OW/287/2011 ·  27 Feb 2015 ·  Nigeria
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
customary court of appeal
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…

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