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CHIEF NDIONYENMA AMACHI AKARAHU V. ENGR ADONYE BANIGO WABARA & ORS

(2018) JELR 39312 (CA)

Court of Appeal  •  CA/OW/281/2012  •  20 Apr 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
UDO OLKAEGBU ESQ. For Appellant UGU UKAEGBU ESQ. For Respondent

Judgement
<p>ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Customary Court of Appeal of Abia State in Appeal NO. CA/UM/A/01/2011, delivered on 13/12/2011, Coram:</p><p>Hon. Justice S.M.C. Ururuka-Onyensoh PJ CCA</p><p>Hon. Justice E.U. Onuoha JCCA</p><p>Hon. Justice Okey I. Nwamoh JCCA, whereof their Lordships allowed the appeal to that Court, in part, and varied the orders of the trial Customary Court, as follows:</p><p>(1) The judgment of the Lower Court dismissing the Plaintiff/Appellant claims for lacking in merit is hereby affirmed.</p><p>(2) The invalidation of indenture A for future use by the Lower Court is hereby set aside.</p><p>(3) This Court further affirms that the document marked Indenture E, tendered by the Defendants/Respondents is genuine and admissible in evidence.</p><p>(4) The Defendants are entitled to continue in possession of the said land known as and called Eburubu Uzo Nkpa Abu.</p><p>Cost is assessed at N10,000.00, in favour of the Respondents against the Appellant.</p><p>Th…</p>

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