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 …