Wilfred Ohuabunwa V. Nze Patrick Nwaigbo (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the judgment of the Customary Court of Appeal Imo State of Nigeria delivered on 10th day of December, 2008.

The action leading to this appeal started from the Customary Court of Isiala Mbano Local Government Area of Imo State where Respondent as Plaintiff claimed against the Appellant as follows in Suit No. CC/SM/43/2003:

(A) Declaration that the Plaintiff is the person entitled to the grant of Customary Right of Occupancy in respect of and over the piece or parcel of land known as and called UHU DURUZO situated at Umuduruebika, Umunkwo Isiala Mbano Local Government Area within jurisdiction.

(B) Order of Court compelling the defendant to accept the equivalent of IRI AKU ANO which is N1,000.00 (One Thousand Naira) being the amount on which the land in dispute was pledge to Defendant?s forebear.

(C) Perpetual injunction restraining the Defendant by himself, his servants, agents, privies or any other person howsoever described claiming for, from or against Defendant, from entering into or acting in any manner whatsoever

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inconsistent with plaintiff’s right over, the said Uhu Duruzo land afore-described”.

The Appellant at the same Customary Court commenced his own action in Suit CC/SM/66/2004 wherein he too claimed against the Respondent thus:

“(A) A declaration by the Hon. Court that the plaintiff is entitled to the Customary Right of Occupancy in respect of all that piece or parcel of land known as and called “ALA UHUDURUZO” lying and situate at Umuduruebika, Umunkwo in Isiala Mbano Local Government Area of Imo State, within jurisdiction, and which annual rental value is N10.00 (Ten Naira).

(B) An Order of perpetual Injunction by the Hon. Court restraining the Defendant by himself, his servants, agents, privies or any other person claiming through him and by whatever name called, from any entry or trespass into the land, the subject matter of this suit.”

The two actions or suits were later consolidated and tried together. Judgment was delivered against the Appellant who then appealed to the Court below vide Notice of Appeal undated but filed on 31st day of May, 2007. The judgment of the Customary Court was delivered on

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4th May, 2007. (Pages 42 ? 58 of the record)