Rev. Paul Nwachukwu Ohakpougwu V. Callistus Iwuji & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of Customary Court of Appeal delivered on the 28th day of February, 2007.

The Appellant as Plaintiff had on 3rd day of March, 1995 instituted an action CCA/AH/15/95: REV. PAUL NWACHUKWU OHAKPOUGWU VS. CALLISTUS IWUJI and Another at the AHIAZU MBAISE CUSTOMARY COURT wherein he claimed against the Defendants now Respondents for the following reliefs viz:

CLAIM

The Plaintiff claims against the defendants as follows:

1. Declaration of the Honourable Court that the Plaintiff is the person entitled to the customary right of occupancy over and in respect of those five (5) parcels of land known as and traditionally called:

(i) Ala Uhu Egbu (comprising of 4 portions thereat);

(ii) Ala Owerre;

(iii) Ala Ulo Ohakpuugwu (comprising of 4 portions thereat);

(iv) Ala Ogidid-Ala- Duru Owerri (comprising of 2 portions thereat);

(v) Ala Nkukoro (comprising of 2 portions thereat); all being situate and lying at Umulolo Ihitte Ubi, Ahiazu Mbaise within the jurisdiction of this Honourable Court.

2. N500.00

1

being damages for trespass committed by the said defendants upon the said lands.

3. Perpetual Injunction, restraining the defendants, their heirs, assigns, privies, workmen, agents, representatives and/or servants from entering into the lands or any of them or repeating any act of trespass therein.?

The said Customary Court found in favour of the Appellant as follows:

?JUDGEMNT: Based on evidences before this Court on this matter, Court has found out that there was no remarriage of Mrs. Cyrina DW2 by late Sylvester Amajuoyi Ohakpougwu.