EMMANUEL NWODO & ANOR V. PATTERSON NWODO
(2018) JELR 39516 (CA)
Court of Appeal
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CA/PH/159/2005
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2 Mar 2018
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Nigeria
Coram
MASSOUD ABDULRAHMAN OREDOLA JCA;
ITA GEORGE MBABA JCA;
TUNDE OYEBANJI AWOTOYE JCA;
Appearances
Chief E.T.C. Ogbusu (who settled the brief) and D.C. Ebere Esq. For Appellant
E.O. Igboko Esq. For Respondent
Judgement
<p><strong>ITA G. MBABA, JCA (DELIVERING THE LEADING JUDGMENT): </strong>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:</p><p>(1) Hon. Justice M.M. Akuneme (Presiding)</p><p>(2) Hon. Justice J. Obasi Iwuagwu (Member)</p><p>(3) Hon. Justice A.B.C. Egu (Member)</p><p>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:</p><p>(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…</p>