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(2021) JELR 109648 (CA)

Court of Appeal  •  CA/OW/345/2017  •  29 Apr 2021  •  Nigeria

Ayobode Olujimi Lokulo-Sodipe, JCA Oludotun Adebola Adefope-Okojie, JCA Amina Audi Wambai, JCA


AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Imo State Customary Court of appeal presided over by Hon. Justice C. U. Anwuka with Hon. Justices F. C Abaosi and S. I. Ogwuegbu as members, delivered on the 26th day of January, 2016 which allowed the Respondent’s appeal and dismissed the Appellant’s cross-appeal.

At the customary Court Ikeduru sitting at Eziama (now called the trial Court), two suits were instituted as between the Appellant and the Respondent. The first was instituted on 17/5/2007 by the Appellant against the Respondent in Suit No. CC/EZ/IK/24/2007 for declaration of the title to a piece of land known and called “ALA NZEKA OKWARAEHE” situate at Umuduruiheomeh Oparaezeala Atta-Ikeduru, and for a perpetual injunction. He also claimed the sum of N50, 000.00 damages for trespass.

In the 2nd Suit No. CC/EZ/IK/30/2008 filed on 16/6/2007, as a cross-action against the Appellant, the Respondent as Plaintiff also claimed ent…

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