Michael Nwiboeke & Ors V. Paul Nwokpuru (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On 3-9-2012. Nwokpuru Iyaji as plaintiff commenced suit No. OCC/6/2012 in Odomoke Isieke Customary Court against the appellants herein claiming for:

(a) “Declaration of title: that the plaintiff is the bona fide owner of the said land.

(b) Perpetual injunction: Restraining all the defendants, their agents and relations from entering the said land.

(c) N50,000.00 for making use of the land for about six years now.

(d) N5000.00: General damages.”

The plaintiff testified as a witness in support of his case. The defendants adduced evidence through four witnesses in support of their defence. At the close of evidence by both sides the trial Customary Court on 3-12-2012 rendered it judgment in the terms following:

a. The plaintiff – Nwokpuru Iyaji is entitle to ownership of the piece or parcel of land known as Ali Nweze Onweagbo or Onu Ogwa Awoke situate at Egwudulegu Ishieke in Ebonyi Local Government Area of Ebonyi State.

b. The defendants, agents and or relations are hereby given perpetual injunction, restraining them from further

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trespass into the said piece or parcel of land.

c. The defendants are to pay the sum of N4,000 to the plaintiff as general damages and N3000 as cost. This is ORDER/JUDGMENT of this Court. Parties who are dissatisfied with the judgment of this Court is hereby reminded of 30 days statutory time to appeal against the judgment.

By a notice of appeal dated 11-10-2013, the appellant herein, commenced appeal No. CCA/IA/2013 against the above judgment of the trial Customary Court in the Ebonyi State Customary Court of Appeal. Upon the death of the plaintiff, he was by order of the Ebonyi State Customary Court of Appeal substituted by his son, Paul Nwokpuru as respondent in the appeal. Following the filing, exchange and adoption of briefs by all sides, the said Customary Court of Appeal on 3-2-2014 rendered its judgment holding that the appeal failed and dismissed same.

?Dissatisfied with the judgment of the Ebonyi State Customary Court of Appeal, on 15-4-2014, the appellant commenced this further appeal No. CA/E/264/2014 to this Court by filing a notice of appeal containing five grounds for this further appeal, after obtaining the leave of the