MBAJIUKA & ORS
V.
ANYANWU

(2018) JELR 39148 (CA)    

Court of Appeal  ·  CA/OW/22/2015 ·  25 May 2018 ·  Nigeria
CORAM
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
appeal
customary court
lower court
issue of customary law
appellant
learned judges of the customary court of appeal
traditional history
customary court of appeal
grounds of appeal
preliminary objection
valid customary arbitration
findings of the lower court
questions of customary law
trial court
jurisdiction of this court
judgment of the trial court
ownership of the land
parcel of the land
respondents brief
addresses of both parties
admissibility of exhibit c
asuquo vs william
behalf of parties
case of golok vs diyalpwan
customary right of occupancy
custom of the people
decision of imo state customary court of appeal
decision of the court
decision of the customary court of appeal
end of the trial
father of the plaintiff
final written address of the appellants counsel
grounds of appeal raises
judgment of the customary court of imo state
leading judgment
mbajiuka unogu
native arbitration decision
native of umukaram amato amaraku
njemanze vs njemanze
ogbonna vs ezewuzie
opponent take
order of the honourable court
parcel of land
place of the land
possession ground
said appeal
said court
said decision
uzoho vs asugha

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the decision of Imo State Customary Court of Appeal, Owerri, in Suit No.CCA/OW/A/36/2013, delivered on 27th May, 2014, wherein the said Court dismissed the appeal of appellant and affirmed the judgment of the Customary Court of Imo State, sitting at Amaraku Isi-Ala Mbano Local Government, delivered on 17/9/2012. Appellant herein was also the Appellant at the Customary Court of Appeal, and Defendant at the Customary Court.

At the Customary Court, the Respondent (as plaintiff) had filed a suit in 1992 against the Appellant but later withdrew it, after giving evidence. He filed this Suit (No/CC/SM/33/2006) in November 2006, claiming against the Defendants, jointly and severally, as follows:

(1) A declaration that the plaintiff who is a native of Umukaram Amato Amaraku in Isiala Mbano L.G.A. is entitled to the Customary Right of Occupancy of all that piece or parcel of land known as and called ALA OFE OWERR…

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