(2018) JELR 38702 (CA)    

Court of Appeal  ·  CA/OW/10/2014 ·  30 May 2018 ·  Nigeria
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
trial court
grounds of appeal
customary law
issue no.
fwlr part
preliminary objection
fair hearing
customary court of appeal
honourable court
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.

(c) N2000.00 (Two thousand naira only) as …

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