(2022) JELR 109142 (SC)    
Supreme Court  ·  SC.83/2015 ·  7 Jan 2022 ·  Nigeria
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Ejembi Eko, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC
Core Terms Beta
question of customary law
customary court of appeal
customary law
court of appeal
lower court
customary court
grounds of appeal
notice of appeal
civil proceedings
supreme court
inter alia
issue of customary law
judgment of the customary court of appeal null
nze edwin okere
amended notice of appeal
appellants' right
decisions of this court
merit of the appeal
appeal of imo state
appellants' appeal
customary court of appeal exercise
issue of the customary court of appeal
judgment of the customary court
lack of jurisdiction
parcel of land
usage of a given community
appellate jurisdiction of the appellate court
careful examination of the grounds of appeal
customary court of imo state
declaration of customary right of occupancy
heart of any matter
issue of the competence of the court
judgment of the said court
leading judgment
learned counsel
learned jurist
learned jurist of the supreme court
obafemi awolowo university
obiter dictum
ohaji district
part of this court
previous decision
principle of fair hearing
requisite jurisdiction
validity of an omnibus ground of appeal

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This dispute between the parties in this appeal commenced at the Customary Court of Imo State sitting at Ohoba in the Ohaji District in Ohaji/Egbema Local Government Area. By their claim dated 30th December 1991, the respondent and one Cyprian Ofurum, for themselves and as representing the Umuisiji Family of Umioboke, Obile, Ohaji, sued the appellants and three others, for themselves and as representing the Umuifuru Family of Umuobeke, Obile Ohaji, seeking the following reliefs:

(a) Declaration of Customary Right of Occupancy of that parcel of land known as and called 'OKWU OLUMMIRI" being and situate at Umuisiji Umuobeke Obile, Ohaji in Ohajil Egbema Local Government Area

(b) One Thousand Naira (N1000) general damages for trespass.

(c) An injunction restraining the defendants, their agents, servants or privies from any further acts of trespass to or interference with the plaintiffs' land.

In its judgment …

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