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THOMAS ANOZIE v. CAJETHAN EMERENINI & ANOR

(2016) JELR 36839 (CA)

Court of Appeal  •  CA/PH/246/2002  •  24 Jun 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Customary Court of Appeal Imo State delivered on 31st day of May 2001 dismissing the appeal of the Appellant to that Court from the Customary Court, Nwaoriebu, Mbaitoli Local Government Area of Imo State.

The Appellant had in 1989 commenced the action at the Customary Court Nwaorieubi, Mbaitoli Local Government against the original Respondent Dominic Emererenini seeking for:

(a) Court Order to compel the Respondent to accept ?IRI IHE ? ISE? or its equivalent of N10.00 as being the Redemption Fee for the said Lands known as ?UZU MBUTUKWU (1 and 2), AKPALA? ?UHU OTUBA? and NWAONYE respectively.

(b) Injunction restraining the Defendant, his servants or and agents from further entry into the said Lands till final disposal of the case.

The said Customary Court gave judgment against the Appellant on 14th day of July, 1997 whereupon he appealed to the Lower Court on six grounds. The appeal was…

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