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ISRAEL ARUM AND ORS v. OKECHUKWU NWOBODO

(2013) JELR 91388 (SC)

Supreme Court  •  SC.172/2004  •  19 Apr 2013  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; BODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC;

Judgement


KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): This appeal is a very rare bird to fly at this altitude. The suit which gave rise to the appeal was instituted by the plaintiff now respondent against the defendants/appellants in the Customary Court at Awkunanaw in Suit No.AWK/3/97. His claim was for:

(a) Declaration of title to a customary right of occupancy to a piece or parcel of land known as and called 'ALA AGU AKPASHA' which is situate at Akpasha Atugbuoma in Akegbe Ugwu Nkanu West Local Government Area of Enugu State.

(b) Court injunction restraining the defendants, their agents, servants and relations from further trespass into the said land until the matter is disposed of.

The defendants denied the claim. Each of the parties presented their case and called three witnesses a piece. The Customary Court in reviewing the evidence found the witnesses called by the plaintiff to be more credible than those who testified for the defendants and entered judgment in favour of…

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