MICHAEL EYARUOMA AKPIROROH, J.C.A. (Delivering the Leading Judgment): The Appellant herein by a Writ of Summons filed against the Respondent in the Customary Court of Ikeduru Local Government Area of Imo State claimed as follows:
"Declaration of title to Customary rights of occupancy over the piece of land known and called "Ala Okochia Duruchukwu" situate at Ikembara. Perpetual Injunction restraining the defendant, his servants, agents or privies from entering."
At the end of the trial, the Customary Court gave judgment in favour of the Appellant. Dissatisfied with the judgment, the Respondent appealed to the Customary Court of Appeal of Imo State which ordered a retrial.
The Customary Court re-tried the matter and on 4/5/95 gave judgment in favour of the Plaintiff/Appellant but excluded part of the land in dispute from the judgment on the ground that the respondent had established res judicata as a result of the earlier proceeding tendered by him.
Dissatisfied with the judgment of t…