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CLETUS ANYALENKEYA v. ENGR. GODSON ANYA & ORS

(2016) JELR 37015 (CA)

Court of Appeal  •  CA/PH/131/2004  •  18 Mar 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA;

Judgement

ITA GEORGE?MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Customary Court of Appeal, Owerri, Imo State, in Appeal NO. CCA/OW/A/36/2001, delivered on 5/6/2003 by Hon. Justices J. Obasi Iwuagwu, G.M. Nkwoada and ABC Egu, wherein their Lordships allowed the appeal and set aside the judgment of the trial Customary Court in suit No. CC/NW/59/97 delivered, on 7/4/2000, and ordered a retrial of the entire suit, by another Customary Court. Appellant herein was the Plaintiff at the trial Customary Court and was Appellant at the Customary Court of Appeal.

The claims at the trial Customary Court were against the defendants, jointly and severally for:

(1) A declaration that the Plaintiff and the other sons of Pa E.E. Anyalenkeya are entitled to inherit, to the exclusion of the Defendants the Pa E.E. Anyalenkeya compound situate at Obilubi Obazu Mbieri in Mbaitoli Local Government Area.

(2) A declaration that the Plaintiff is entitled to the grant of…

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