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ONONIWU
V.
UKAEGBU

(2000) JELR 71917 (CA)

Court of Appeal 25 Oct 2000 Nigeria
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Judges:JAMES OGENYI OGEBE, J.C.A. (Presided and Read the Leading Ruling), IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A., MICHAEL EYARUOMA AKPIROROH, J.C.A.
Counsel:D.C. Mere - for the Appellants B. E. I. Nwofor - for the Respondents.
Other Citations:(2001) 14 NWLR (Pt. 734) 530

OGEBE, J.C.A. (Delivering the Leading Ruling): The respondents to this appeal brought a notice of preliminary objection to the competence of the appeal and the appellants' motion to amend the notice of appeal. Both sides were ordered by the court to write briefs of argument in order to save the time of the court. The learned counsel for the respondents in his brief in support of the preliminary objection raised the question on whether or not, having regard to the provisions of section 224(1) of the 1979 Constitution, this appeal from the Customary Court of Appeal, Imo State is competent. His main argument is that all the 6 grounds of appeal contained in the original notice of appeal do not raise questions on customary law and are therefore not competent grounds. He submitted that by virtue of the provisions of section 224(1) of the 1979 Constitution and the authorities of:-

(a)Babang Golok v. Mambok Diyalpwan (1990) 3 NWLR (Pt. 139) 411 on pages 418, paras. C-D, 418, para. H,420, paras…

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