OHONYA
V.
OVIOSU

(2015) JELR 50903 (CA)    

Court of Appeal  ·  CA/B/257/2009 ·  24 Jun 2015 ·  Nigeria
CORAM
HAMMA AKAWU BARKA JCA UGOCHUKWU ANTHONY OGAKWU JCA
Core Terms Beta
appeal
appellant
lower court
appellant’s brief
learned counsel
trial court
issue of customary law
locus standi
respondent
constitution of the federal republic of nigeria
following cases
question of customary law
said land
court of appeal rules
facts of the case
judgment of the lower court
lead judgment
leave of court
preliminary objection
customary court of appeal of the states
determination of the appeal
judgment of the trial court
jurisdiction of the customary court of appeal
lone issue
owan west area customary court
supreme court
appeal no. cca
attorney-general of the federation v
bada jca
conclusion of the trial
customary court of appeal edo state
edo state of nigeria holden
english law
fuller reasons
general principle
judgment of the customary court of appeal
jurisdiction of customary court of appeal
jurisdiction of the honourable court
order of mandatory injunction
order of perpetual injunction
paragraph d
paragraphs a-h
respondent’s brief
such claims
uzebba district customary court
view of the fact
witnesses of the respondent

BADA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Customary Court of Appeal, Edo State of Nigeria holden at Auchi in appeal No. CCA/13A/2008 Mabel Oviosu v. Friday Ohonya delivered on 28April 2009, wherein the lower court set aside the judgment of the trial court, ordered a retrial and ordered that the suit be remitted to the Owan West Area Customary Court, Sabongidda-Ora. Briefly, the facts of the case are that the respondent commenced the action at the trial court against the appellant who was the defendant.

The respondent sued for herself and on behalf of the Oviosu family of Avbiosi New Site Luleha as follows:

A declaration that the plaintiff is the holder or a deemed holder of a customary right of occupancy over all that piece or parcelof land lying and situate on the left hand side (when coming from Avbiosi new site to Uzebba) along Avbiosi new site Uzebba road in a place called Igue-Uhomugbawe (or “Igue- Ugbawe for short) which said place …

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