EMMANUEL NWODO & ANOR V. PATTERSON NWODO

ITA G. MBABA, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of Imo State Customary Court of Appeal of Imo State in Suit No. CCA/OW/A/23/2001, delivered on 12/11/2002, whereof the Appellate Court allowed the Appeal and set aside the decision of the trial Customary Court. The Judges of the Customary Court of Appeal (lower Court) were:

(1) Hon. Justice M.M. Akuneme (Presiding)

(2) Hon. Justice J. Obasi Iwuagwu (Member)

(3) Hon. Justice A.B.C. Egu (Member)

The Respondents father, who was the claimant at the trial Customary Court, had made the following claims, in suit N0.CC/MB/130/91 at the Customary Court, Ehime Mbano:

(1) Declaration that the Plaintiff who is a resider native of Umukaram Village, Amaraku and the Head of Nwodo Njoku family of Onukaram Amaraku aforesaid is entitled to the Customary Right of Occupancy in respect of a piece or parcel of land, known as and called ALA AMA EJIOKU and which said land is situate at Umukaram Village Amaraku in Isiala Mbano…