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MATTHEW ONAM v. ANDREW NNAMCHI

(2017) JELR 37921 (CA)

Court of Appeal  •  CA/E/249/2012  •  10 Jul 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Customary Court of Appeal, Enugu, delivered on the 19th April, 2012 in Suit No. CCAU/176/2010 Andrew Nnamchi V. Matthew Andrew Onam. The lower Court affirmed the Judgment of the trial Customary Court and dismissed the Appeal as lacking in merit.

The case started at the Customary Court, Amechi Uwani, Enugu State. The Respondent herein was the Plaintiff thereat, while the Appellant was the Defendant.

The Respondents claim at the trial Customary Court was essentially for a declaration that ONAM Nnamani land, known as Ihuawu exclusively belongs to him as the first son of Nnamani Nwani Nwa Onam who in turn was the first son of Late ONAM Nnamani. The contention of the Respondent as Plaintiff at the trial Court is that under the native law and custom of Nkanu, applicable to the Awkunanaw Clan of the parties, the right to the inheritance of Ihuawu land is exclusively that of the first…

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