DR. SYDNEY OSUJI V. BENSON OSUOHA

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): Miss Dunga: - Argues her appeal and says this appeal is against the ruling delivered by the Customary Court of Appeal Imo State sitting at Owerri delivered on 22-9-10. The ruling is to be found at pages 53 to 63 of the record of appeal. The appellants brief dated 24-6-16 was filed on 4-7-16. We adopt and rely on same and urge the Court to allow the appeal. Our only issue for determination relates to fair hearing which is an aspect of Customary Court.

JUDGMENT

The sole issue donated by the appellant for determination in this appeal is whether the Court below was right when it relied on the medical report of a herbalist (soothsayer/Psalmist) as satisfactory reason for the delay from 2004 to 2010 in filing the appeal out of time.

This issue dealing with evidence accepted by the Customary Court of Appeal and acted upon is not an issue of customary law to activate the jurisdiction of this Court as provided for in S.245(1) of the Co…