OCCUPANT OF NO.8 MBIRI ROAD UMUNEDE GOES ON APPEAL

UMUNEDE (Ika Weekly) – The occupant of No. 8 Mbiri Road Umunede Dr. C.C. Jibunoh who was ordered  the  Ika North East  Area customary court Owa-Oyibu to quit the said premises within three months have filed an appeal against the judgement of the court.

                

In his grounds of appeal, filed at the High Court of Justice, in the Owa-Oyibu Judicial Division, Delta State the defendant appellant said he was dissatisfied with the judgement of the Ika North East Area Customary Court Owa-Oyibu delivered on the 7th August 2007.

                

He deposed that the judgement of the lower court is against the weight of evidence and that he, the president and members of the lower court erred in law when they held that the defendant, being a and child of late Mordi could not inherit the land in dispute when there was no evidence that he inherited the property.

 

 

The appellant’s particulars of error were

 

a.      That the lower court failed to take into cognizance, the fact that the properties of late Mordi were shared in 1977 and that the land in dispute was not one of those shared among the children.

b.     That the defendant evidence to the effect that his late mother purchased the land in dispute from one Mr. Orizu was not considered.

c.     That the defendant’s evidence that he inherited the property from his late mother who bought it from Mr. Orizu was not considered at all.

 

He is therefore asking the Owa-Oyibu High court to set aside the Judgement of the lower court.

                

It will be recalled that on August 7, 2007 the Ika North East Area Customary Court, Owa-Oyibu entered judgement in favour of one Prince Godfrey Mordi over the disputed premises at No. 8, Mbiri Road, Umunede and ordered the defendant Dr. C.C Jubunoh to vacate the said premises, within three months.

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