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OGADINMA IKECHUKWU IWUALA v. RAPHAEL CHIMA

(2016) JELR 36835 (CA)

Court of Appeal  •  CA/OW/442/2013  •  23 May 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal is sequel to the Judgment of the Customary Court of APPEAL of Imo State Holden at Owerri which Judgment was delivered on the 5th day of July, 2013 allowing the Defendant (now Respondent?s) Appeal against the Judgment of the Ohaji District of the Imo State Customary Court Holden at UMUAPU. The Appeal is anchored on 8 (Eight) Grounds as contained in the Notice of Appeal dated 22nd day of October, 2013 and filed same date. Below as reproduced are the Grounds of Appeal albeit without their particulars:

?GROUND (1). ERROR-IN-LAW

The learned Judges of the Customary Court of Appeal, Imo State erred in law when they held at page 7 of the Judgment that:

?The Plaintiff did not prove his title to the Claim?.

?(2). ERROR-IN-LAW

The Learned Judges of the Customary Court of Appeal, Imo State erred in law by assuming the position of the trial Court in re-evaluating evidence in the case which the trial Court had dutifully evaluated…

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