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CHIEF NDIONYENMA AMACHI AKARAHU v. ENGR ADONYE BANIGO WABARA & ORS

(2018) LPELR-44265(CA)

In The Court of Appeal of Nigeria

On Friday, the 20th day of April, 2018

CA/OW/281/2012


Before Their Lordships

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria


Between

CHIEF NDIONYENMA AMACHI AKARAHU - Appellant(s)

AND

1. ENGR ADONYE BANIGO WABARA
2. MR. CHINYE WABARA
3. MR. IKECHUKWU BANIGO WABARA
(For themselves as representing Madam Nwanyinma Kanu Baba Family Ohambele Ndoki) - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This is an appeal against the decision of the Customary Court of Appeal of Abia State in Appeal NO. CA/UM/A/01/2011, delivered on 13/12/2011, Coram:
Hon. Justice S.M.C. Ururuka-Onyensoh - PJ CCA, Hon. Justice E.U. Onuoha - JCCA and Hon. Justice Okey I. Nwamoh - JCCA, whereof their Lordships allowed the appeal to that Court, in part, and varied the orders of the trial Customary Court.

The claim of the Plaintiff at the trial Court was for:

(1) An order of Court compelling the Defendants to accept the Sum of ??6.2 (Six Pounds and Two Shillings) from the Plaintiffs as redemption fee of a piece cum parcel of land known as and called "IHUALA OHA WOKIRI", lying and situate at Umunwamini Ohambele Ndoki, Ukwa East Local Government Area, within the jurisdiction of this Honourable Court, which property was pledged to late Madam Nwanyinma Kanu Baba of the Defendant's family by late Madam Mgbealu Akaralu Wankwo Osondu of the Plaintiff's family.
(2) An Order of Court compelling the Defendants to vacate any tenant and or tenants operating business on the aforesaid piece/parcel of land.
(3) A perpetual injunction restraining the Defendants, agents, privies from further entry into said parcel of land."

Appellant herein was the Appellant at the Customary Court of Appeal, and the Plaintiff at the trial Customary Court. The Defendants at the trial Customary Court were the Respondents at the Customary Court of Appeal.




ISSUES:
The Court considered the competence of the grounds of appeal and the issues raised from them.


DECISION/HELD:
The appeal was struck out for incompetence.


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