OHIAERI & ANOR
V.
ORISAKWE

(2018) JELR 38702 (CA)

Court of Appeal · CA/OW/10/2014 · 30 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

case

trial court

grounds of appeal

customary law

issue no.

fwlr part

preliminary objection

fair hearing

customary court of appeal

honourable court

cross-examination

customary right of occupancy

exhibit a

respondents brief of argument

absence of their counsel

court of first instance

lower court

mr. fabian okwara

president of the customary court of appeal

appeal no. cca

briefs of argument

parcel of land

sole evidence

anor v federal republic of nigeria

anor vs eleazar orisakwe

appellate courts

call witnesses

chief of the plaintiff

competing claims

counsel w.o. munonye

customary courts

decision of the court of first instance

favour of the respondents

further appeal

insufficient customary evidence of p.w.1

issue of arbitration

issue of oath

judgment of the lower court

leading judgment

ltd vs

members of the customary court

order of the trial court

ors nze godwin okere

para d

parcels of land

respect of the appeal of the defendant

said appeal

transmission of record of appeal

TUNDE OYEBANJI AWOTOYE J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal of the defendant/appellant against the judgment of the lower Court decided on 24/4/2013 in Appeal No. CCA/OW/A/9/2003. Bartholomew Ikegwuonu Ohiaeri and Anor v. Eleazar Orisakwe.

At the Court of first instance, i.e. Customary Court of Ideato South Local Government Area of Imo State sitting at Isiekenesi, the Respondent instituted an action against the appellant claiming as follows:

(a) A declaration by the Honourable Court that he is entitled to the Customary right of occupancy covering the piece or parcel of land known as and called Ala Ishiobi Duruokala situate at Umuchoke Dikenafai town within jurisdiction.

(b) A declaration by the Honourable Court that the parcels of land which the defendants call Ala Ishiobi Ohiaeri, Mgbala Dike Ala Iyiafor Duruomenihu and Mgbala Nwama respectively are portions of the said Ala Ishiobi Duruokala Land.

OHIAERI & ANOR V. ORISAKWE

OHIAERI & ANOR
V.
ORISAKWE