BONIFACE OKORO V. PAUL NWACHUKWU

THOMAS JCA (Delivering the Lead Judgment): This is an appeal against the decision of Customary Court of Appeal, Owerri delivered on 5th March, 1994 in appeal No. CCA/OW/A/111/93. The brief facts of the case is that, the plaintiff/respondent/respondent, now simply to be referred to as respondent, instituted a suit No. CC/EZ/IK/65/90 at the court of first instance namely Customary Court, Ikeduru against the defendant/appellant now simply to be referred to in this appeal as the appellant. The claim was as follows:

“An order asking the defendant to allow the plaintiff redeem his grandfather’s land with them which was pledged by his late uncle which land was known as and called Ofe Owerri Ihunyeraku land in Amaugo Oziri Inyishi Ikeduru.”

The court of first instance, heard the parties and their respective witnesses and also visited the locus in quo and heard more witnesses to identify the land in dispute. The court delivered its decision granting the respondent the claim that he should r…