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JONAH MBAJIUKA & ORS v. JONAS ANYANWU

(2018) LPELR-44472(CA)

In The Court of Appeal of Nigeria

On Friday, the 25th day of May, 2018

CA/OW/22/2015


Before Their Lordships

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


Between

1. JONAH MBAJIUKA
2. SAMUEL MBAJIUKA
3. CHRISTIAN MBAJIUKA
4. UDOBATA MBAJIUKA - Appellant(s)

AND

JONAS ANYANWU
(For himself and on behalf of Nwanyanwuocha family of Umukaram Amato Amaraku) - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Customary Arbitration.
FACTS:
This appeal emanated from the decision of the Imo State Customary Court of Appeal, Owerri, dismissing the appeal of appellant and affirming the judgment of the Customary Court of Imo State, sitting at Amaraku Isi-Ala Mbano Local Government.

At the Customary Court, the Respondent filed a suit in 1992 against the Appellant but later withdrew it, after giving evidence. He filed another Suit in November 2006, claiming against the Defendants/appellants, jointly and severally, as follows:

(1) A declaration that the plaintiff who is a native of Umukaram Amato - Amaraku in Isiala Mbano L.G.A. is entitled to the Customary Right of Occupancy of all that piece or parcel of land known as and called 'ALA OFE OWERRE DIKEOCHA', lying and situate at Umukaram Amato-Amaraku in Isiala Mbano L.G.A, within the jurisdiction of this Court, the rental value of which is ten Naira (N10,00). 
Or Alternatively, "order of the Honourable Court directed against the defendants to the effect that they give another piece or parcel of the land to the plaintiff and his family in exchange in place of the land in dispute as per the oral agreement entered into between the father of the plaintiff, late Nnenna Nwanyanwuocha and the father of the defendants, late Mbajiuka Unogu"

(2) Perpetual injunction restraining the defendants, by themselves, their servants, agents and/or privies from further entry into the land, the subject matter of this suit.

At the end of the trial, the Customary Court found in favour of the respondent. Appellant appealed unsuccessfully to the Customary Court of Appeal. Dissatisfied, appellant appealed to the Court of Appeal.

ISSUES:
The issues for determination are whether Respondent proved his traditional history and whether there was a valid customary arbitration as to the ownership of the  land in dispute.
DECISION/HELD:
In conclusion, the appeal was allowed.


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