PAUL EZEGWU & 2 ORS. V. ICHIE ROMANUS NWAIGENE

ALAGOA JCA (Delivering the Leading Judgment): This is an appeal against the judgment of C.O. Amechi of the High Court of Ekwulobia in the Aguata Judicial Division of Anambra State of Nigeria delivered on 13 March 2008 in suit No. AG/13A/2006 Ichie Romanus Nwaigene v. Paul Ezegwu and 2 Ors. which was an appeal against the judgment of Ajalli (now Agudo) Customary Court delivered on 23 July 1999 in suit No. CCA//98 in which the present plaintiff/respondent lost. A synopsis of the case leading up to this appeal is as follows - The present respondent as plaintiff claimed against the then defendants at the Customary Court Orumba North L.G.A. holden at Ajalli (now Agudo) in the Anambra State of Nigeria as per paragraph 23 of his statement of claim dated 2 September 1998 the following -

(a) A declaration that the plaintiff is the person entitled or deemed to be entitled to the customary right of occupancy in respect of the piece or parcel of land called “Ana Obi Be Ezekeke Ezeanyakoha” situat…