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KYRIAN IWUOHA & ANOR v. IGNATIUS OHAZURUIKE & ORS

(2016) JELR 41095 (CA)

Court of Appeal  •  CA/OW/343/2010  •  22 Apr 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A.:(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of IMO STATE, MBANO/ETITI JUDICIAL DIVISION contained in the decision of Honourable Justice F. I. DURUOHA - IGWE delivered on the 22nd day of October, 2009.

The Appellants as Plaintiffs had by their Writ of Summons issued out of the said High Court on 10th day of May, 2005 claimed against the Defendants now Respondents as follows:

The sum of N20 MILLION NAIRA AS GENERAL DAMAGES FOR TRESPASS.

Pleadings were duly exchanged and the matter proceeded to trial. The Appellants called two witnesses while the Respondent called one witness. Thereafter the Learned trial Judge gave a considered judgment after Counsel'?s address dismissing the Appellants suit.

The Learned trial Judge held among others thus:

One would've thought that Plaintiffs would have called an independent witness to prove this custom on which they hinged their claim but they did not. Custom is a question of fact to …

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