PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal of Imo state of Nigeria delivered on 14th day of May, 2009.
The facts leading to this appeal are legion. The Appellant had in 1984 in Suit No. HOW/17/84 sued the Respondents at the Imo State High Court claiming for declaration to certificate of Right of Occupancy over the parcel of land in dispute between the parties.
While the case was pending a panel of Native Arbitrators headed by one NZE A. A. EKE applied to the High Court before which the case was pending and sought for permission to settle the dispute for the parties by conducting customary arbitration. The parties to the said action at the High Court who are also the parties in this appeal consented and submitted themselves to the jurisdiction of the Native Arbitration and agreed to be bound, The Panel recommended Customary arbitration by way of Oath taking. The Oath was administered by the Panel …