THE Delta State Customary Court of Appeal has upheld the decision of the Ndokwa East Area Customary Court, Aboh, which ceded the ownership of the parcel of land known as Onini Eze, situated at Mmili-Uku Road, Umudie, Umuochi-Utchi, to the Umuebo quarters, Umuochi-Utchi.
The Appeal Court’s decision was sequel to an appeal lodged by the families in Umudie quarters, Utchi, after the Area Customary Court, Aboh, had decided the land case in favour of Umuebo quarters.
In the original suit no. NEACC/2/2019 between Chief Ikechukwu Asama and Another versus Francis Ogwuazor and five others, the customary court agreed that the Umuebo quarters, Umuochi-Utchi had evidence of long traditional possession of the said land as against the claim of the plaintiff, Umudie quarters, Umuochi-Utchi.
In its judgment by the Four-man justices made up of Justice C. N. Ojugbana-Orishedere, Justice G. N. Dele Okafor, Justice G. I. Abanre and Justice J. S. Gberevbie, the Customary Court of Appeal said that the appellants, which is Umudie quarters, had not proved their valid root of title and therefore, not entitled to a declaration of title in their favour.
The court of appeal in the judgment, with suit no. DCCA/31A/2020 also held that there was no miscarriage of justice in the judgment of the customary court, as claimed by the appellants, adding that the appeal failed in its entirety and should be dismissed.
Consequently, the court of appeal affirmed and upheld the judgment of the customary court, Aboh, and awarded a cost of N50, 000 against the appellants.
The case was between Chief Ikechukwu Asama and Chief Izuchukwu Enebeli for themselves and on behalf of Umudie Quarters and Francis Ogwuazor, Oyibo Enenmor, Ifeanyi Ogwuazor, Emeke Nwose, Ifeanyi Dibia and Nwaka Chukwudebeli for themselves and on behalf of Umuebo quarters both in Umuochi-Utchi, Ndokwa East Local Government Area, Delta State.
