CHARLES OJIRI & ANOR V. NNAMDI KALU UFE & ORS

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Imo State Customary Court of Appeal, holden at Owerri (hereinafter referred to as the lower court) delivered on the 25th day of July, 2013 by Hon. Justice . C. U. Anwukah, J. (Presiding); Hon. Justice F. C. Abosi, J. (delivering the lead judgment) and Hon. Justice M. E. Njoku, J. (member of the panel).

The suit which led to this appeal was commenced by the plaintiffs/appellants (hereinafter referred to as the appellants) vide a particulars of claim dated the 23rd day of July, 2007 and filed on the 25th day of July, 2007 wherein the appellants claimed specified reliefs against the defendants/respondents (hereinafter referred to as the respondents). The reliefs are reproduced below:

(a) A declaration that the Plaintiffs are entitled to the customary right of occupancy to that part and parcel of land known as and called ONU OBA Umuoye situate at Umuoye Umukehi Orji Uratta.

(b…