(2015) JELR 45737 (CA)    

Court of Appeal  ·  CA/OW/202/2010 ·  29 Jan 2015 ·  Nigeria
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria FREDERICK O. OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
trial court
parcel of land
appellate court
customary court
grounds of appeal
evaluation of evidence
traditional evidence
findings of fact
customary court of appeal
customary right of occupancy
finding of fact
said land
brief of counsel
cases of claim of customary right
decision of the customary court
issue of customary law
issues of customary law
oguta customary court
part of the trial court
account of this position counsel
amended grounds of appeal
appellant alleged pledge
basis of their case-ground
briefs of arguments
case of dakur
conclusion of the trial
customary court of appeal owerri
customary evidence of traditional history
customary right of occupancy of the disputed piece
decision of the customary court of appeal
good position
leading judgment
learned author
nature of the questions
orders of court
preliminary objection of the appellants
provision counsel
record of proceedings
said suit no. cc
unanimous decision

FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment): Before the Oguta Customary Court, Holden at Kalabari Beach Oguta II Imo State of Nigeria, in Suit with numbers CC/OG/16/92 and CC/OG/48/92, which were later consolidated on the orders of Court, the Appellants as Plaintiffs in the said suit No. CC/OG/16/92 claimed against the Respondent as follows:

"(a) Declaration that the Plaintiffs are entitled to the Customary Right of Occupancy of the disputed piece or parcel of land known as and called "ARUGO IKWERE MBELU" Situate at Mgbala Agwa within Jurisdiction.

(b) Interim injunction restraining the Defendants, their Agents and servants from further entry into the said land until the final determination of this suit.

(c) Perpetual injunction restraining the Defendants, their agents and servants from further entry into the said land.

In the meantime, in the second matter, with Suit No CC/OG/48/92 the Respondents as Plaintiffs claimed against the Appellants in the same Court as follo…

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