Cletus Anyalenkeya V. Engr. Godson Anya & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the decision of the Customary Court of Appeal, Owerri, Imo State, in Appeal NO. CCA/OW/A/36/2001, delivered on 5/6/2003 by Hon. Justices J. Obasi Iwuagwu, G.M. Nkwoada and ABC Egu, wherein their Lordships allowed the appeal and set aside the judgment of the trial Customary Court in suit No. CC/NW/59/97 delivered, on 7/4/2000, and ordered a retrial of the entire suit, by another Customary Court. Appellant herein was the Plaintiff at the trial Customary Court and was Appellant at the Customary Court of Appeal.

The claims at the trial Customary Court were against the defendants, jointly and severally for:

(1) A declaration that the Plaintiff and the other sons of Pa E.E. Anyalenkeya are entitled to inherit, to the exclusion of the Defendants the Pa E.E. Anyalenkeya compound situate at Obilubi Obazu Mbieri in Mbaitoli Local Government Area.

(2) A declaration that the Plaintiff is entitled to the grant of Customary Right of Occupancy over and in respect of the ?undeveloped Portion of Nwankwo

Land? situate at ObiIiubi Obazu Mbieri Mbaitoli Local Government Area.

(3) N50,000.00 general damages and for trespass into the Pa E.E. Anyalenkeya compound and the ?Undeveloped portion of Nwankwo land respectively.

(4) An Order of perpetual injunction restraining the defendant by themselves, agents, servants and privies from further entering into Pa E.E. Anyalenkeya compound and the “Undeveloped portion of Nwankwo land”

(5) (1) A declaration that the Plaintiff (representative of Pa E.E. Anyalenkeya family) and the 1st Defendant are jointly entitled to inherit, and share the following items of property all situate at Obilubi Obazu Mieri

(a) Ukwu Orji (Iroko) land

(b) Uhu Eziama Lolo Nwany land

(c) Two (2) parcels of land at Anuiri Mgbakano land

(d) Chia Nwaojukwu land and

(e) Uhu Elu land.