Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38925 (CA)    

Court of Appeal  ·  CA/OW/25/2015 ·  18 May 2018 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned counsel
lower court
customary law
learned trial judge
grounds of appeal
customary court
trial court
record of appeal
said land
suit no. cc
1st appellant
customary right of occupancy
decision of the trial
traditional history
gift of land
leading judgment
notice of appeal
parcel of land
said grounds of appeal
alleged gift
customary court of imo state
declaration of the honourable court
learned justices of the lower court
respective briefs of argument
uhu achu
above position
customary court of nworieubi
defence of their case
documentary evidence
end of trial
established position of the law
evidence of gift
fundamental issue
grant of the following reliefs
hon. justice p. i. okpara
judgment of the customary court of appeal
justices of the lower court
material contradictions
oral evidence
parties vis
respect of their respective cases
respondents complaints
respondents grounds of appeal
root of title
virtue of a gift of the land

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Customary Court of Appeal sitting at Owerri, Coram: Hon. Justice P. I. Okpara, Acting President, Hon. Justice F. C. Abosi. J., and Hon. Justice V.U. Okorie, J., (hereinafter referred to as the lower Court and learned Justices of the lower Court, respectively). The judgment in question was delivered on the 22nd day of July, 2013.

The suit re-numbered and re-registered as Suit No. CC/OU/9/2010 which led to this appeal was commenced by the plaintiff/respondent (hereinafter referred to as the respondent) at the Customary Court of Imo State, sitting at Nwaorieubi (hereinafter referred to as the trial customary Court). The respondent sought for the grant of the following reliefs:

1. Declaration of the Honourable Court that the plaintiff is entitled to the Customary Right of Occupancy to all that piece or parcel of land called Uhu Mark which situate at Umuebonye Umuagwu Umuagwuoche…

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