CHRISTIAN NWOSU V. TITUS MBADUGHA

UBAEZONU, J.C.A. (Delivering the Leading Judgment): The case in this appeal originated in the Ozubulu Customary Court. The respondent in this court who was the plaintiff in the Customary Court sued the defendant/appellant claiming as follows:

"1. Declaration of title to and ownership of a piece and parcel of land situate along Nnewi Ozubulu Road on the Both sides of the Road few poles to Afor Ilo-Nza market.

2. Injunction and court Relief to Order the Defendant from further entry and use of and Encroachment on the said land bonafide property of the plaintiff fore fathers whom the plaintiff is their rightful heir."

The plaintiff/respondent's claim was dismissed in the Customary Court. He appealed to the High Court which allowed the appeal and set aside the judgment of the Customary Court. Dissatisfied with the judgment of the High Court the defendant/appellant has appealed to this court. He filed 7 grounds of appeal. He has also filed his brief of argument in which he formulated 5 is…