GEOFFREY MBA & ANOR V. STEPHEN IBE

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of F.G.C. Uyanna J., sitting at Awka High Court, delivered on 24th October, 1991, where by the learned Judge granted the respondent extension of time within which to appeal against the judgment of Customary Court, Umunze delivered on the 28th April, 1989 in favour of the appellants.

The facts of this appeal, briefly put, are that the appellants obtained judgment against one Ibe Obuamasi, now deceased, in the Customary Court of Umunze for declaration of title to a customary right of occupancy of Ala-Ulo Umunworu in Imeofia Quarters, Uroro village, Umunze town and for perpetual injunction. The case was heard and judgment delivered in favour of the plaintiffs, now appellants in this court. The respondent failed to appeal within time and he had his appeal struck out by the Chief Magistrate Court, Aguata. Meanwhile, the appellants having been threatened by the respondent to repossess the disputed lan…