(2016) JELR 45775 (CA)    

Court of Appeal  ·  CA/E/37/2008 ·  9 Dec 2016 ·  Nigeria
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court
suit no. cco
edwin umeadi
trial court
appellate court
record of appeal
charles umeadi
late edwin umeadi
learned trial judge
okonkwo umeadi
suit cco
ancillary relief
anthony umeadi
late father
said land
3rd defendant
considered opinion
customary right of occupancy
findings of fact
judgment of the trial
lower courts
parcel of land
affairs of the family
aspects of the magistrate court ogidi
course of the proceedings
decision of the appellate high court ogidi
end of the trial
further order of the court
high court of justice
judgment of the anambra state high court of justice
leading judgment
magistrate court
matter vide suit no. cco
mkpuke portion of the land
notice of the customary court
okonkwo umeadi family
portions of the land of okonkwo umeadi
possession of the piece of land
proof of his claim
said house
siblings emmanuel umeadi
substitution of his father
suit no. cc

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Anambra State High Court of Justice, holden at Ogidi, delivered on 9th August, 2006.

The appellant as plaintiff at the Customary Court, Ogidi in suit No. CCO/44/98 brought an action against his three siblings one of whom was Edwin Umeadi, the 3rd Defendant (now deceased), claiming:-

(a) The possession of the piece of land/house situated at Mgbuke, Umunnachi.

(b) N1,500 damages for the trespass into the said house/land in dispute.

(c) Any further Order of the Court may deem fit to make in the circumstances.

The said 3rd Defendant (Edwin Umeadi) also filed his own action against the appellant in Suit No. CC/44/98 in another matter vide Suit No. CCO /47 /98. The late Edwin Umeadi, the Plaintiff in Suit CCO/47 /98 claimed from his siblings Emmanuel Umeadi, Anthony Umeadi and Charles Umeadi the followings:

(a) A declaration that the Plaintiff is the person entitled to the Customary Right of Oc…

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