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AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the majority judgment delivered on 4/10/2010 by the Customary Court of Appeal of Imo State holden in Owerri composed of M.E. Njoku, JJCA presiding and dissenting; F.C. Abosi and V.U. Okorie (JJ.CCA) (hereafter to be simply referred to as the lower Court and learned Justices of the Customary Court of Appeal respectively).
The lead judgment in the instant case was delivered by Abosi, JCCA. The said judgment spans pages 360 387 of the record; while the concurring judgment delivered by Okorie, JCCA, is on pages 388 392. The facts of the case and the reasoning of the lower Court as narrated and shown in the leading judgment go thus: -
Originally this matter had its origin in the Customary Court Owerri Urban in Suit No. CC/OW/56/2002 with the 1st 5th respondents as plaintiffs and the applicant herein and his late father as defendants. The matter could not take off in the Court because the defendants…