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CUSTOMARY COURT OF APPEAL BENUE STATE v. ABURA TSEGBA & ORS

(2017) JELR 37219 (CA)

Court of Appeal  •  CA/J/156/2010  •  24 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Benue State, sitting in Makurdi ("the lower Court" for short) delivered on 15/11/2004 in Suit No. MHC/90/2004. In the judgment, the lower Court declared

(i) Section 20(1) of the Benue State Customary Court of Appeal Edict (Law) 1994 null and void for being in conflict with Section 282 (1) of the Constitution of Nigeria 1999;

(ii) that the appellant had no jurisdiction to have heard and determined appeal No. CCA/M/15A/2000 of 14/11/2003 as the appeal was not based on questions of customary law; and

(iii) that the said decision of the appellant was unconstitutional, null and void, and of no effect.

The facts of the case leading to this appeal are that the 1st respondent (as plaintiff), sued the 4th respondent (as defendant) in the Grade I Area Court of Adikpo, Benue State, claiming title to a parcel of land situate and lying at Mbakyan. The Area Court at the end of trial dis…

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