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MR. GODWIN OVILI MBAH & ORS V. OKWA OTONYE JOHNSON AKPA & ORS

(2018) JELR 38421 (CA)

Court of Appeal  •  CA/B/375/2014  •  4 Jun 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the Delta State Customary Court of Appeal sitting at Asaba Coram:

HON. JUSTICE S. O. N. OGENE.President

HON. JUSTICE P. O. ELUMEZE.. Judge

HON. JUSTICE S. O. TONWEJudge

HON. JUSTICE V. I. OFESI.Judge

HON. JUSTICE A. E. UBIRI.Judge

HON. JUSTICE TEBEKAEMIJudge

HON. JUSTICE C. N. OJUGBANA.Judge

The Courts judgment was delivered on the 31-3-2014 in suit No DCCA/44A/2013 wherein judgment was entered against the Appellants who were Defendants in favour of the Respondents who were Plaintiffs at the Court below.

The Respondents as Plaintiffs instituted this matter at the


Ukwani Area Customary Court, sitting at Ubiaruku, praying the Ukwani Area Customary Court to set aside the sharing of Usamusele family land in breach of Umuebo/Ubiaruku Customary law of inheritance and the Appellants as Defendants counter-claimed (pages 1-6 of the record of Appeal). After both parties adduced evidence, the Presiden…

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