Amos Okpara & Ors V. Nwaubani Nwachi & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI (PJ), J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Customary Court of Appeal, Umuahia delivered on 22nd October, 2008, Appeal No. CCA/UM/A/11/2007.

The Respondents as Plaintiffs at the trial court Obehie, Asa, Ukwa West Local Government Area of Abia State commenced this suit against the defendants now Appellants seeking a declaratory relief for a Customary right of occupancy over a parcel of land known as and called “Uzo Anya Agu” damages for trespass and injunction.

The trial Customary Court took evidence of the parties, their witnesses, visited Locus in quo, and admitted exhibits tendered by the parties in support of their evidence. The trial Customary Court on 3rd May, 2006, gave judgment in favour of the Respondents.

The Appellants being dissatisfied with the judgment of the trial Customary Court filed an appeal to the Customary Court of Appeal, Umuahia, Abia State, on only one ground which states thus:

“That the judgment and decision of the Customary Court, Ohehie Asa delivered on the 3rd of May, 2006 cannot be supported in Customary law having regard to the weight of evidence therein”

At the hearing of the appeal, the Customary Court of Appeal, Umuahia on 22nd October, 2008 in dismissing the appeal stated that the lone ground of appeal does not relate to the questions of Customary law, rather it raised purely question of fact and are incompetent and should be struck out.

It further held that the Appellants have not been able to impeach the finding of facts by the trial court. It relied on the case of Babang Golok vs. Mambok Diyalpwan (1990) 3 NWLR (PT 139) 411 at 414 to 415.

Being dissatisfied with the said judgment of the Customary Court of Appeal, the Appellants filed a Notice of Appeal dated 27th April, 2010 at pages 3-5 of the records of appeal on two (2) grounds namely:

A. ERROR IN LAW

“The Customary Court of Appeal was in error when it held that the appeal of the Appellant did not raise issue of customary law and therefore incompetent before it.”

B. MISDIRECTION

“The Customary Court of Appeal misdirected itself in law and facts when it refused to fully evaluate customary evidence put before the trial court on the ground that the appeal lacked competence thereby engendering a miscarriage of justice.

Both parties filed and exchanged their respective briefs of argument. The Appellant’s brief of argument settled by Chief Ogbonna O. Igwenyi, nominated two (2) issues for determination as follows: