ISAAC IHUOMA V. NDUBUISI JAJA WACHUKWU

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant herein, as Plaintiff at the Customary Court of Nsulu, holden in Mbawsi, filed this Suit, which was later transferred to Customary Court Odida Anyanwu Ibeku; Appellant in the action, CC/NB/3/2002, sought for declaratory and injunctive reliefs over a parcel of land known as and called MBARA OKONKO, situate and lying at Umunkpeyi Village in Umuomainta. He prayed that he was entitled to the Customary rights of occupancy over the land; an order of Court for the 2nd Defendant to accept the redemption fee of N13.00; he also claimed the sum of N500.00 from the Defendants for the continued entry into the land by the Defendants. (Page 7 of the Records).

After hearing the case, the trial Customary Court ruled against the Appellant, dismissing his claim. An appeal against that decision was also unsuccessful, hence, this appeal.

At the trial Customary Court, the 2nd Defendant had, initially, challenged the jurisdiction of the Cust…