Eze A. I. Oguzie & Ors V. Chijioke Oguzie (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

Appellant filed this appeal against the judgment of Imo State Customary Court of Appeal, Owerri, in appeal No:CCA/96/2012, delivered on 29/10/2013, Coram: Hon. Justice F.C. Abosi (P/Judge), Hon. Justice M.E. Njoku and Hon. Justice V.U. Okorie (Members). This said appeal was against the decision of the Customary Court in Suits Nos.CC/HJ/12/2011 and CC/HJ/18/2011, which were heard as consolidated suits consequent upon the consolidation order of the Customary Court.

The Plaintiff at the Customary Court, Chijioke Oguzie, who was the Appellant at the Lower Court (Customary Court of Appeal) and Respondent herein, had claimed in Suit No. CC/HJ/12/2011 as follows:

(1) The land subject matter of this suit? known as and called ?Ala Mkpiti? lying and situate at Umuagwo Ohaji/Egbema Local Government Area.

(2) The said land is property of Late Adolphus Chukwuemeka Oguzie.

(3) The Plaintiff is a descendant of the said late Adolphus Chukwuemeka Oguzie.

(4) The Defendants are not in any way descendants of Late Adolphus Chukwuemeka Oguzie.

?(5) By the

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Custom of the people, the defendants have no right whatsoever to hold onto the property of late Adolphus Chukwuemeka Oguzie.

Wherefore the Plaintiff claims against the defendants as follows:

(1) A declaration of the honourable Court that the defendants, not being descendants of Late Adolphus Chukwuemeka Oguzie cannot inherit any property of Late Adolphus Chukwuemeka Oguzie.

(2) A declaration that the plaintiff being a descendant of a (sic) late Adolphus Chukwuemeka Oguzie is entitled to customary right of occupancy over and in respect of Ala-mkpiti subject matter of this suit.

(3) Perpetual injunction restraining the defendants, their heirs, agents, privies, successors in title from further entry into the said “Ala Mkpiti.”