RAYMOND OGU V. SAMUEL UCHE NWAOHIA

OGEBE, JCA. (Delivering the Leading Judgment): The respondent sued the appellant in the Customary Court, Okigwe seeking a declaration of title to customary right of occupancy to all that piece or parcel of land known as “Uhu Umulum Azu Nne Offor” situate at Umugosi, Umulolo and an injunction to restrain him and his agents from further entry into the land. The Customary Court heard evidence from both sides and found in favour of the respondent. No evidence was givenbefore the Customary Court as to whether the disputed land was within an urban area and therefore subject to a statutory right of occupancy within the jurisdiction only of the High Court. The learned counsel for the appellant in his address before the Customary Court argued that the land in dispute was within Okigwe urban area and was not subject to the jurisdiction of the Customary Court. The Customary Court rejected this argument. The appellant appealed to the Imo State Customary Court of Appeal and that court dismissed …