Nweke Onuorah & Anor V. Ojiako Ubaike & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the Customary Court of Appeal Awka, in Appeal No CCA/26/2010, delivered on the 21st day of May 2012.

The suit, the subject matter of this present appeal was instituted by Writ of Summons in suit No CCO/9198 at the Customary Court Ogidi, whereby the appellants claimed against the Respondents declaratory reliefs, an order of injunction, and General damages.

The Respondents counter claimed and also sought the same reliefs.

At the end, the Customary Court entered judgment for the appellants, except for award of general damages.

The Respondents appealed to the Customary Court of Appeal of Anambra State, who allowed the appeal.

The judgment of the Customary Court of Appeal is what is appealed now, the Appellant being dissatisfied with same. The appellants proffered eleven (11) issues for determination from the Grounds of Appeal, which issues the Respondents adopted in its entirety.

I shall consider this appeal based on the Appellants’ issues for determination.

?Before this, pertinent to state that the Appellants filed their

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brief of argument on the 19th of December 2012. It is settled by G. R. I. Egonu SAN.

The Respondent on their part, filed their brief of argument on the 24th of November 2014, but same was deemed filed on the 19th of March 2015. It is settled by Leonard T. Adeh Esq. On the 10th day of October 2016 parties adopted their respective briefs of argument.

?The Appellants issues for determination are:

1) WHETHER THE JUDGMENT OF THE CUSTOMARY COURT OF APPEAL OF ANAMBRA STATE DELIVERED IN THE APPEAL NO CCA/26/10 On The 21ST DAY OF MAY, 2012 IS NOT NULL AND VOID AB INITIO AS THE RESPONDENT DID NOT FILE A VALID NOTICE OF APPEAL TO INITIATE THE PROCESS OF APPEAL AND TO CONFER THE COURT WITH JURISDICTION.