(2001) JELR 44361 (CA)    

Court of Appeal  ·  CA/PH/121/92 ·  18 Jan 2001 ·  Nigeria
Other Citations
Uke v. Iro (2001) 11 NWLR (Pt.723)196
IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court of appeal
lower courts
trial court
1st defendant
citizens of nigeria of other communities
customary court
custom of nnewi
practical application
blood ties
boundary neighbours
citizen of nigeria of a particular community
constitutional provision
customary court of appeal of imo state
equal rights
ethnic group
evaluation of the judgment of the customary court
evidence of ownership
father of the plaintiff
findings of fact of the trial
function of the appellate court
good conscience
judgment of the court of the first instance
judgment of the customary court
land case
leading judgment
learned counsel
live today
lower court
natural boundary
nneato nnewi custom
obvious discrepancy
okorie obioha
organic law of the land
parties of ubaha
piece of land
political opinion
rights of all sexes
scientific world
such findings
surviving brother

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Customary Court of Appeal of Imo State, which sat on appeal on a judgment of the Customary Court at Okigwe.

The respondent as plaintiff, has sued the appellants in the Customary Court below over a piece of land; on Ikponkwo land, which he stated he inherited from his father who had farmed on it, and planted economic trees on that land, without any form of interruption. He stated that the defendants/appellants are boundary neighbours, same as others and complained that the defendants had of recent, made an ingress into that land hence, this action in court. He said that his father was unable to institute the action over this land because of his ill health. To a question, that the land case has been settled he denied it. He was supported in his evidence by his father, who equally testified that his own father farmed on the land and lived up to 100 years of age, before he died. PW2; the father of the pla…

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