NWEKE ONUORAH & ANOR V. OJIAKO UBAIKE & ORS

RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal Awka, in Appeal No CCA/26/2010, delivered on the 21st day of May 2012.

The suit, the subject matter of this present appeal was instituted by Writ of Summons in suit No CCO/9198 at the Customary Court Ogidi, whereby the appellants claimed against the Respondents declaratory reliefs, an order of injunction, and General damages.

The Respondents counter claimed and also sought the same reliefs.

At the end, the Customary Court entered judgment for the appellants, except for award of general damages.

The Respondents appealed to the Customary Court of Appeal of Anambra State, who allowed the appeal.

The judgment of the Customary Court of Appeal is what is appealed now, the Appellant being dissatisfied with same. The appellants proffered eleven (11) issues for determination from the Grounds of Appeal, which issues the Respondents adopted in its entirety.

I shall cons…