ANYANWU V. NWACHI & 2 ORS

NTONG FESTUS NTONG, J.C.A. (Delivering the Leading Judgment): This appeal challenges the judgment of the Customary Court of Appeal of Abia State sitting in Umuahia, Coram Hon. Justice Amaobi L. Agbara on 23/9/2015, wherein judgment was entered in favour of the Respondents. Dissatisfied with the decision, the Appellant, vide a Notice of Appeal filed on 21/12/2015, formulated seven (7) grounds of appeal, which I shall reproduce hereunder without their particulars, to wit:

“GROUNDS OF APPEAL

1. Their Lordships of the Customary Court of Appeal erred in customary law when they held that the Respondents who were Appellants in that Court survived the customary oath ordered by the Native Court judgment in 1906 tendered as Exhibit B,  when from the record of the judgment of 1906 and the record of the customary Ugwunagbo, there was no record that they survived the oath.

2. The learned Justices of the Court below erred in customary law when they held that the 1906 Native Court judgment created estoppel a…