CHRISTIAN IROEGBU (FOR HIMSELF AND ON BEHALF OF UMUDI UMUAGWU FAMILY) V. NDUBUSI AMAKULO MPAMA EMMANUEL AMAKULO FINES AMAKULO MPAMA NWADA SAM MPAMA SILAS MPAMA

SAULAWA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Abia State Customary Court of Appeal, holden at Umuahia, in appeal No. CCA/UM/3/2001, coram, J.I. Onuh PCCA; SMC Onyensoh and E.U. Onuoha, JJCCA, delivered on 18 November 2004.

On 12 January 1998, the present appellant (for himself and on behalf of Umudi Umuagwu family) filed a suit in the trial Customary Court of Abia State, Ikwuano Area Customary Court judicial division, holden at Olori, seeking the following reliefs against the 1st, 4th and 5th respondents:

A declaration of the Hon. court that the plaintiff is entitled to the customary right of occupancy over those 8 portions/parcels of land known and identified as “Olori Nkpa” situate and lying at Ahua Oboro at annual rental value of N10,00. N2,000.00 (two thousand naira) special and general damages for trespass.

An injunction restraining the defendants, their heirs, servants, agents, privies and workmen from entry into the said land in disput…