MATTHEW ONAM & ANOR V. ANDREW NNAMCHI & ANOR

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is sequel to the judgment of the Customary Court of Appeal, Enugu State delivered on 24th April, 2012 wherein the judgment of the trial Customary Court Amechi Uwani, Enugu State, was affirmed.

The appellants as plaintiffs sued the respondents at the Customary Court Amechi Uwani, Enugu State, claiming to be the exclusive owners of a certain land situate at Amechi Awkunanaw. The land, according to them, is referred to as part or side "A" being what they claimed to have inherited from Ogbu Nwa Onam as their (Appellants) share of the land once owned by Onam Nnamani, the common ancestor of the parties to this case. The Appellants contention of exclusive ownership of the land (Part "A") is predicated on an alleged sharing of the land by their common ancestor, Onam Nnamani in his life time.

It is a common ground that the alleged land was a gift to Onam Nnamani by the Umuanionu Umunnaji Ngene family of Amechi Awkunanaw.

The…