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ALAEGBU DURU & ORS v. NATHAN DURU & ORS

(2017) LPELR-42490(CA)

In The Court of Appeal of Nigeria

On Friday, the 2nd day of June, 2017

CA/OW/412/2014


Before Their Lordships

AYOBODE OLUJIMI LOKULO-SODIPE 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. ALAEGBU DURU
2. ALAKWEM N EAISI
3. CHARLES DURU
4. ISAAC DURUEKE
5. ELEAZAR OGBUEHI
(For themselves and as representing Umuobiehie family, Umuduru Mbano) - Appellant(s)

AND

1. NATHAN DURU
2. THEODORE MBACHU
3. JONATHAN EHIEM
4. MARTIN MBACHU
(For themselves and as representing Umuduruire family of Umueke, Umuduru, Mbano) - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on Declaration of Title to Land.


FACTS:
This is an appeal against the decision of the High Court of Imo State in Suit No. HME/32/2004, delivered on 16/3/2012 by Hon. Justice T.E. Chukwuemeka-Chikeka, wherein the learned trial Judge granted the reliefs sought by the Plaintiffs now Respondents.
At the trial Court the Plaintiffs had sought the following reliefs:
(a) Declaration that the Plaintiffs are entitled to the grant of Customary Rights of Occupancy to the pieces or parcels of land known as and called %u201CALA EKWE NWA UME%u201D and %u201CIKPA UMUEKE%u201D situate at Umuduru, Mbano within the jurisdiction of Mbano Etiti Judicial Division with an annual value of N100.00 (One Hundred Naira) and verged in the Plaintiffs%u2019 Survey Plan No. DS27621/IM131D/2004, dated 16th November 2004.
(b) N1,000,000.00 (One Million Naira) general damages for trespass.
(c) Perpetual injunction restraining the Defendants%u2026 from committing further trespass or in any other way interfering with the rights of the Plaintiffs over the said lands.%u201D (Pages 93 %u2013 94 of the Records).

Miffed by the judgment, Appellant filed this appeal.


ISSUES:
The appeal was determined on the Respondents issues viz:
(1) Whether the learned trial Judge properly evaluated the evidence adduced by the parties before entering judgment for the Respondents. 
(2) Whether there was a binding customary arbitration on the parties in this case. 


DECISION/HELD:
The appeal was dismissed for lack of merit.


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