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 …

OHONYA V. OVIOSU

OHONYA
V.
OVIOSU