HERBERT OBIDILE & ORS V. OBIEGBU NNOLI & ORS

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal from the ruling of the High Court of Anambra State delivered in suit No. HN/MISC/128/2012 ON 23rd May, 2013. The original plaintiffs on record who are all now deceased had instituted suit No CC02/59/98 in the Customary Court, Ozubulu against the respondents for declaration that they are entitled to a customary right of occupancy in respect of Mgbakpu Land, damages for trespass and perpetual injunction. The Customary Court in its judgment delivered on 24/8/99 dismissed plaintiffs' claim. They filed a notice of appeal in the Magistrate Court, Nnewi, Anambra State on 2/9/99. While the appeal was pending in the Magistrate Court, the Court ceased to have jurisdiction to entertain an appeal from the Customary Court in land matters and the High Court was conferred with the jurisdiction to entertain appeals from Customary Court in land matters. The deceased plaintiffs then filed an appeal at the High C…