SUNDAY UGWUANI V. PATIENCE OKEKE & ANOR

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Enugu State High Court of Justice, holden at Enugu, delivered on 25th January, 2013. The respondents who were plaintiffs at the Court below had claimed the title to customary right of occupancy over a piece of land situate at Ndieke Agu, Amechi Uwani, Awkunanaw. The appellant also counter-claimed for title to customary right of occupancy over the same piece of land.

The parties filed and exchanged their pleadings. At the end of parole evidence proffered before him, the learned trial judge entered judgment for the respondents and dismissed the appellants counter claim. The appellant, distraught with the decision against him approached this Court, armed with a notice of appeal, containing four grounds, which are that:

(1) The learned trial judge erred in law when he held that the Appellant admitted paragraph 16 of the statement of claim in his paragraph 24 of the statement of defence a …