RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the Customary Court of Appeal of Enugu State of Nigeria delivered on the 5th day of December, 2011 in Suit No. CCAE/17M/2010.
In it, the Hon. Justices of the Customary Court of Appeal quashed the decision of the Customary Court of Enugu State Holden at Affa in Suit NO CCA/9L/97, and remitted the matter back to the Customary Court for retrial.
SYNOPSIS OF THE FACTS
One Raymond Ogbo and Nnakwe Ochomma had, in Suit No. CCA/9L/97, sued (on behalf of Anekeneze Community and themselves as Plaintiffs) Obunwanne Oke (the 1st Respondent in this Appeal) and others as defendants. The suit was over a vast parcel of land known as and called Ani Amovu. This was at the Customary Court sitting at Affa. On the 4th day of February 1998, judgment was delivered in favour of the Plaintiffs therein, at the end of the hearing by the lower Court.
There was no appeal against that judgment.
Twelve years after thi…