RAPHAEL & ORS V. HYGENTH UKACHUKWU & ORS

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Anambra State sitting at Nnewi delivered on the 6th day of November, 2013. The appellants as claimants before the lower Court claimed against the respondents jointly and severally as follows:

(a) A declaration that the 1st - 7th Defendants being customary tenants of the plaintiff have no legal capacity to alienate, convey or sell any portions of lands the subject of their customary tenancies situate at Edoji, Uruagu, Nnewi whose annual rental value is N500, 000 (Five Hundred Naira).

(b) A declaration that the 1st - 7th Defendants conducts of challenging the plaintiffs and refusal to pay annual tribute to the plaintiffs in respect of the land subject of customary tenancies amounts to grievous customary misconduct the penalty of which is complete forfeiture.

(c) An order of forfeiture against the 1st - 7th Defendant in respect of the said lands.

(d) An injunction res…