Ifeanyi Ugwu Uwaonah Onyishi & Ors V. Rev. Wilfred Omeje Nwaonah Onyishi & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal to the High Court emanates from an initial decision of the Opi Customary Court, Nsukka, against the defendants/Appellants with these reliefs viz:

(a) Setting aside the judgment of the Opi Customary Court Nsukka.

(b) To grant the claims/reliefs sought in the Appeal.

The Appeal from it was heard by His Lordship Hon. Justice N. P. Emehelu, Judge on 22nd September 2008.

The Defendants/Appellants are dissatisfied with the Judgment of the High Court and has filed a Notice of Appeal.

By an order of this Honourable Court of 28th May 2014, the Respondents/Cross-Appellants on record were substituted for the deceased original plaintiffs/respondents. By another order granted by this Honourable Court, the respondents/cross-appellants were granted leave to cross-appeal against the Judgment of the Court below. The Notice of Appeal was filed on the 14th of June 2011, with three (3) Grounds of Appeal.

FACTS

At the Customary Court Opi, the Respondents/cross-appellants had commenced a suit against the appellants/Cross-respondents seeking the following

1

order:

1) Order of injunction.

2) Oath of clear conscience.

3) N2,000 general damages.