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HUMPHREY EZE ENUGWU v. DANIEL EZE OKEFI & ORS.

(2000) JELR 43988 (CA)

Court of Appeal  •  CA/E/65/98  •  31 Jan 2000  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA;

Judgement

UBAEZONU, J.C.A. (Delivering the Leading Judgment): The plaintiff/appellant sued the defendants/respondents in the Customary Court of Udi Customary Court District claiming as follows:-

"(a) For Order of the Court requiring the Defendants to leave the Plaintiff's house (Compound) and go to their father's house at Amebo Village Obinagu Udi.

(b) Order that the Defendants had no claim to the Estate of the Plaintiff whatsoever as they are not from Owah Village and not of the same parents with the Plaintiff.

(c) For any other Orders as the Court might deem fit."

Judgment was given in favour of the plaintiff/appellant in the Customary Court. Thereupon the defendants/respondents appealed to the High Court of Enugu Judicial Division. At the High Court counsel for the appellant raised a preliminary objection on the jurisdiction of the High Court and competence of the appeal in view of the fact, inter alia, that the respondents in this court by-passed the Magistrate's Court to which their appeal…

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