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 …