PATRICK AGUBUCHIE V. SYLVANUS ONWUDINJO & ORS

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is sequel to the decision of the Enugu State Customary Court of Appeal delivered at Enugu on 23rd June, 2011 which affirmed the judgment of the Customary Court, Ukana in Udi Local Government Area of Enugu State, against the appellants.

The parties are said to be descendants of the same ancestor called Ezeam Enyi who had many children and before he died, he had shared his lands amongst his sons namely: Ezeam Attah and Agudile Ezeam Enyi. There was a dispute over a portion of land between the parties herein. The respondents who were the plaintiffs at the trial Customary Court, are descendants of Ezeam Attah whilst the appellant as defendant is a descendant of Agudile Ezeam Enyi.

The claim of the respondents at the trial Customary Court was for:-

(a) A declaration that the plaintiffs are entitled to the customary right of occupancy over the disputed land;

(b) An injunction restraining the defendant from further entry an…