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THE CHAIRMAN AND MEMBERS OF CUSTOMARY COURT MBAWSI & ORS v. THE STATE EX-PARTE, NDIMELE NWOSU

(2014) JELR 36680 (CA)

Court of Appeal  •  CA/PH/431/2008  •  11 Apr 2014  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER OLABISI IGE JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of ABIA STATE HIGH COURT ISIALA NGWA, contained in the judgment of the Honourable Justice C. I. JOMBO - OFO sitting then at OKPUALA NGWA, delivered on the 15th day of January, 2008.

The background facts to this appeal are as follows:

The Respondent to this appeal had approached the Customary Court of ISIALA NGWA LOCAL GOVERNMENT AREA, as PLAINTIFF against the following persons namely:

1. CHUKWUMA EGWUATU

2. CHIDI EGWUATU

3. SUNDAY NWANKPA

4. JOHN ANYANWU

Claiming for the following reliefs viz:

"1. A declaration of this Honourable Court that Plaintiff is entitled to the customary right of occupancy of a piece or parcel of land known and called Nkpa Illi Umuano land (45 portions) situate at Ohuhu Nsulu in Isiala Ngwa Local Government Area within the jurisdiction of this Honourable Court.

2. N1, 000.00 (One Thousand Naira) damages for trespass to the said lands on or about 1983.

3. An order o…

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