Court of Appeal · CA/E/65/98 · 31 Jan 2000 · Nigeria ·
Enugwu v. Okefi (2000) 1 NWLR (Pt.650)620 Enugwu v. Okefi (2000) 3 NWLR (Pt. 650) 620
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
land use act
constitution of the federal republic of nigeria
customary courts edict
federal capital territory
provisions of this section
fundamental legal defects
jurisdiction of the high court
view of the fact
brief of argument
competence of the appeal
customary court of udi customary court district
customary right of occupancy lie
decision of a customary court
finding of the learned trial judge
high court counsel
high court of enugu judicial division
high court of enugu state of nigeria
jurisdiction of the said customary court
land matters counsel
learned trial judge
operation of section
order of the court
provision of the edict
provisions of sub-section
reasoning of the learned trial judge
respect of inheritance of properties
UBAEZONU, J.C.A. (Delivering the Leading Judgment): The plaintiff/appellant sued the defendants/respondents in the Customary Court of Udi Customary Court District claiming as follows:-
"(a) For Order of the Court requiring the Defendants to leave the Plaintiff's house (Compound) and go to their father's house at Amebo Village Obinagu Udi.
(b) Order that the Defendants had no claim to the Estate of the Plaintiff whatsoever as they are not from Owah Village and not of the same parents with the Plaintiff.
(c) For any other Orders as the Court might deem fit."
Judgment was given in favour of the plaintiff/appellant in the Customary Court. Thereupon the defendants/respondents appealed to the High Court of Enugu Judicial Division. At the High Court counsel for the appellant raised a preliminary objection on the jurisdiction of the High Court and competence of the appeal in view of the fact, inter alia, that the respondents in this court by-passed the Magistrate's Court to which their appeal…
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