SAMSON ODEMWINGIE UWAIFO, J.C.A. (Delivering the Leading Judgment): This appeal raises the issue whether what is referred to as "customary arbitration" has ever, in the true sense, been an aspect of the legal jurisprudence of this country, or can now he regarded as having a place in the administration of justice in our Courts. The judgment of Ecoma, J.,sitting at the Ikom High Court in the Cross River State, delivered on 9th December, 1987 rests to a large extent on the assumption that such customary arbitration is known and that the decisions given pursuant thereto could bind the parties like court judgments. Incidentally, both counsels in this case appears to be under that conception, having regard to some of the submissions in respect thereto.
The action arose as a result of a land dispute. The plaintiffs (now respondents) who belong to Oga Mfom/Ote Eka family say the land is situate at Okangha Nkpansi village and claim it as their family land while the defendants (now appellants) …