OGBONNA OKE V. NKWOSHI NWIZI

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 15th of August, 2008, the respondent herein, as plaintiff filed suit No. OCC/055/2008 in the customary court of Ogbaga in Ebonyi State Claiming for:

1. Declaration of title to the land situate at Ali-Ihe Nwizi Iji Ede Echara.

2. An order restraining the defendant, his agents, friends and relatives from further encroachment on the said land.

After the close of evidence by both sides, the customary court rendered judgment in the suit on the 28th of January, 2009. It was a split decision. The majority judgment which is the judgment of the court held that the appellant is the owner of the Suitland and not the respondent. The minority decision was that the respondent had proved "his case on a balance of probability" and so was entitled to judgment. Dissatisfied with this decision of the court, the respondent on the 9th of February, 2009 filed a notice of appeal, commencing Appeal No. CA/E/10A/2009 to the Customary Cour…