AMOS OKPARA & ORS V. NWAUBANI NWACHI & ORS

UWANI MUSA ABBA AJI (PJ), J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Customary Court of Appeal, Umuahia delivered on 22nd October, 2008, Appeal No. CCA/UM/A/11/2007.

The Respondents as Plaintiffs at the trial court Obehie, Asa, Ukwa West Local Government Area of Abia State commenced this suit against the defendants now Appellants seeking a declaratory relief for a Customary right of occupancy over a parcel of land known as and called "Uzo Anya Agu" damages for trespass and injunction.

The trial Customary Court took evidence of the parties, their witnesses, visited Locus in quo, and admitted exhibits tendered by the parties in support of their evidence. The trial Customary Court on 3rd May, 2006, gave judgment in favour of the Respondents.

The Appellants being dissatisfied with the judgment of the trial Customary Court filed an appeal to the Customary Court of Appeal, Umuahia, Abia State, on only one ground which states thus:

"That the judgm…