ELUMEZIEM & ORS
V.
AMADI

(2014) JELR 40123 (CA)

Court of Appeal · CA/PH/355/2007 · 30 Jan 2014 · Nigeria

CORAM

UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

case

customary court of appeal

issues

fair hearing

trial court

customary law

appeal

lower court

address

imo state

customary court

high court

learned counsel

brief of argument

failure of the court

favour of the respondent

judges of the customary court of appeal

mockery of the lower court

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address of the plaintiff

appeal no.cca

appellants opportunity

breach of the provisions of order ix rule

case of the respondents

considered judgment

customary court rules

declaration of customary right of occupancy

deprivation of the appellants

findings of fact of refusal

issues raise

judgment of the customary court of appeal

learned judges of the customary court of appeal

onset of this case

part of their particulars

said judgment of the customary court of appeal

sitting of the court

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trial customary court

various applications

various levels of court

UWANI MUSA ABBA-AJI, (PJ) J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal, Imo State in appeal No.CCA/OW/A/36/2005 wherein judgment was delivered on the 22nd day of February, 2007 in favour of the Respondent.

The original Plaintiffs in this matter commenced this action for themselves and on behalf of Umuokorie family in Umuezuta, Umuokanne Ohaji at the Customary Court, Ohaji District Holden at Umuapu against the Appellants who were the Defendants on 6/12/1994 claiming the following reliefs:

1. Declaration of Customary Right of Occupancy over the piece or parcel of land known as and called 'ALA OKPO OGBU OZU OKORIE' situated along Uzo Nwaudi Umuezuta Umuokanne farm Road.

2. Perpetual Injunction restraining the Appellants, their privies, children, agents and assigns from further acts of trespass on the said land again.

3. N5000.00 (Five Thousand Naira only) being General Damages for trespass and economic trees damaged on …

ELUMEZIEM & ORS V. AMADI

ELUMEZIEM & ORS
V.
AMADI