CaseLaw
Ohai V. Akpoemonye (1999) CLR 1(R) (SC)
Brief
Facts
The plaintiff (appellant in this appeal) sued the defendant (respondent in this appeal) in the Isele-Uku District Customary Court for a declaration of title to land situate in Idumu-Etiti Agba Quarters, Onicha-Olona. There was also a claim for injunction to restrain acts of trespass by the defendant. The court entered judgment in favour of the plaintiff on 17th September. 1987. Not satisfied with judgment, the defendant appealed to the Aniocha Area Customary court of Monday, 24th of April, 1989, the Aniocha Area Customary Court delivered a judgment in which it dismissed the defendant's appeal. The defendant remained dissatisfied with the appeal and lodged a further appeal to the Customary Court of Appeal. In its judgment, delivered on Monday, 3rd December,1990,the Court of Appeal of the former Bendel State dismissed the appeal. The defendant yet again appealed to the Court of Appeal which after considerings the submissed made before it, in a judgment, wrtten by Atinuke Ige, J.C.A., and concurred in by Ogebe and Ubaezonu, JJCA., allowed the appeal, set aside all the orders made by the three courts below it and remitted the case to the Isele-Uku District Court to be reheard. In its judgment the Court of Appeal rejected an objection raised to its jurisdiction to entertain the appeal.
The appellant appealed to the Supreme Court.