(2018) JELR 38859 (CA)    

Court of Appeal  ·  CA/E/39/2012 ·  27 Apr 2018 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court
root of title
parcels of land
entire evidence
high court
payment of tribute
acts of possession
appellants claim
appellate jurisdiction
cross examination
misitura omodere bolaji-yusuff
respondents fathers
weight of evidence
amended notice of appeal
appellant counsel
appellants case
appellants obiagu awhum
appellate court
appellate courts
clear evidence of acknowledgement
credible traditional evidence
customary court of enugu state
customary right of ownership
duty of counsel
evidence e of the 1st appellant
evidence of acts of long possession
evidence of a party
evidence of a witness
evidence of witness
high court of enugu state
honourable court
interlocutory injunction
leading judgment
majority judgment of the customary court
native law
order of perpetual injunction
pieces of plaintiffs lands
plaintiffs possession
pursuit of the justice of the case
records of proceedings of the customary courts
said evidence of okoro egwu
said matter
strength of his own case
unsworn evidence of parties

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment): The appellants herein instituted suit no. CCU/1/2005 at the Customary Court of Enugu State, Ukana, Udi Magistratial District and claimed the following reliefs:

(a) Customary right of ownership over the said twelve (12) parcels or pieces of plaintiffs lands and the economic trees thereon.

(b) Interlocutory injunction restraining the defendants, his agents, servants, privies from interfering with or in any other manner disturbing the plaintiffs possession, occupation and enjoyment of all the assets including the plaintiffs said lands, subject matter of the inherited lands of their late fathers.

(c) An order of perpetual injunction restraining the defendants, their servants, agents and privies, however constituted from trespassing in any manner whatsoever or dealing with the plaintiffs said lands.

(d) And such further or other orders as this Honourable Court may deem fit to make in the circumstances.

The appellants case …

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