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
records of proceedings
appellant boniface onyezere
equal opportunities
grounds of appeal
leading judgment
records of appeal
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
sparkling breweries ltd
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 …

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