The Chairman And Members Of Customary Court Mbawsi & Ors V. The State Ex-parte, Ndimele Nwosu (2014)

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 ABIA STATE HIGH COURT ISIALA NGWA, contained in the judgment of the Honourable Justice C. I. JOMBO – OFO sitting then at OKPUALA NGWA, delivered on the 15th day of January, 2008.

The background facts to this appeal are as follows:

The Respondent to this appeal had approached the Customary Court of ISIALA NGWA LOCAL GOVERNMENT AREA, as PLAINTIFF against the following persons namely:

1. CHUKWUMA EGWUATU
2. CHIDI EGWUATU
3. SUNDAY NWANKPA
4. JOHN ANYANWU

Claiming for the following reliefs viz:

“1. A declaration of this Honourable Court that Plaintiff is entitled to the customary right of occupancy of a piece or parcel of land known and called Nkpa Illi Umuano land (45 portions) situate at Ohuhu Nsulu in Isiala Ngwa Local Government Area within the jurisdiction of this Honourable Court.

2. N1, 000.00 (One Thousand Naira) damages for trespass to the said lands on or about 1983.
3. An order of court of court commanding the defendant to quit the said land for Plaintiff.”

The matter went to trial at the Customary Court and on 22nd day of July 2002 the Chairman and a member of the said Customary Court delivered judgment in the matter. The said Customary Court held thus:

“In the final analysis we have dutifully and painstakingly looked into the parties testimony. By preponderance of evidence and on the balance of probabilities we prefer and accept the defendant’s evidence to that of the plaintiff. A plaintiff must succeed on the strength of his evidence which is not the position in this suit. Following this development the claim of the Plaintiff as per writ is hereby not granted as this suit stands dismissed. The Plaintiff unable to prove his case is ordered to pay the defendants the cost of the suit assessed at N500.00. This is the judgment of court. At this juncture the plaintiff apply for oral notice of appeal.

SGD SGD

MAZI A. A. DARAH SIR A. U. UDUGWU

CHAIRMAN MEMBER

Pages 80-81 of the Record of appeal.

Upon losing the case before the Customary Court, the Respondent herein Plaintiff at Customary Court) as APPLICANT approached the HIGH COURT OF ABIA STATE ISIALA NGWA sitting at OKPUALA NGWA on 27th day of August, 2002 vide a Motion Ex-Parte dated 18th day of August, 2002 praying for:

“Leave to apply for an order of certiorari to remove for the purpose of being quashed the proceedings and judgment in suit NB/4/89.