AGIM JCA (Delivering the Lead Judgment): On 15 August 2008, the respondent herein, as plaintiff filed suit No. OCC/055/2008 in the Customary Court of Ogbaga in Ebonyi State claiming for:
Declaration of title to the land situate at Ali-Ihe Nwizi Iji Ede
Echara.
An order restraining the defendant, his agents, friends and relatives from further encroachment on the said land.
After the close of evidence by both sides, the Customary Court rendered judgment in the suit on 28 January 2009. It was a split decision.
The majority judgment which is the judgment of the court held that the appellant is the owner of the disputed land, and not the respondent. The minority decision was that the respondent had proved “his case on a balance of probability” and so was entitled to judgment Dissatisfied with this decision of the court, the respondent on 9 February 2009 filed a notice of appeal, commencing appeal No. CA/E/10A/2009 to the Customary Court of Appeal of EbonyiState. Followingcompletion of address…