JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Ruling of the Customary Court of Appeal of Delta State holden at Warri in Appeal No. DCCA/M/3/2012 EKI YAFUGBORHI (For himself and on behalf of the Descendants of Gbebue and David Ugoruvwoghor Yafugborhi of Otu-Jeremi Town) AND (1) EDIRIN ISIKURU (2) TAKURA OKPEMU (3) MADDOCKS TARIEN (For themselves and on behalf of the Mukri Family of Otu-Jeremi Town) delivered on 24th day of October 2012, wherein the application for leave to appeal to the Customary Court of Appeal Delta State was dismissed.
Briefly, the facts of the case are that by a motion on notice filed on 30/3/2012, the Appellant prayed the Delta State Customary Court of Appeal as follows:
(1) An order granting leave to the Applicant Eki Yafugborhi to appeal against the ruling of the Ughelli Area Customary Court delivered on the 4th of December 1992 in a representative capacity for himself and on behalf of the Gbebue and the late David Ug…