NKWOCHA
V.
APALEYE & ORS

(2018) JELR 38928 (CA)    

Court of Appeal  ·  CA/OW/59/2015 ·  28 May 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was Respondent in the judgment of the Imo State Customary Court of Appeal in CCA/OW/A/59/2012 and CCA/OW/A/59A/2012. Dissatisfied with that judgment the appellant filed this appeal. The grounds of appeal are:

GROUND ONE

ERROR IN LAW

The learned Justices of the Court below erred in law as well as under customary law when after observing and upholding the finding of fact of the trial Customary Court that the Appellant bought ALA AZULO UMUONYEOCHA situate and lying at Umuihiokwu Ogbe Ahiara in Ahiazu Mbaise Local Government Area of Imo State of Nigeria, still went ahead to declare that the 1st Respondent is entitled to the grant of statutory right of occupancy over that piece or parcel of land without any known reason under the law and customary law.

GROUND TWO

ERROR IN LAW

The learned Justices of the Court below erred in law as well as under customary law when it went ahead to make its own finding of f…

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