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AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 27/10/1999 by the Customary Court of Appeal, Umuahia (coram: Onuh, PJJCA; with A. Onwuchekwa and J.E. Anaba (JJ.CCA) but with A. Onwuchekwa, JCCA; dissenting.
The summary of the events leading to the instant appeal as discernible from the record of appeal before this Court are as follows:-
The Respondent herein (and who was also Respondent before the Customary Court of Appeal, Umuahia, (hereafter to be simply referred to as the lower Court) as Plaintiff before the trial Customary Court instituted this suit against the Appellants (and who were also Appellants before the lower Court) as Defendants, by a claim dated 30/10/1990 and filed 31/10/1990. The Respondent sought for the following reliefs against the Appellants in the claim:-
(a) A declaration that the Plaintiff is entitled to the customary right of occupancy over that piece or parcel of land known as and calle…