judy.legal
Login Register

TOMA DAMBAK V. BULUS MANDING

(1997) JELR 45382 (CA)

Court of Appeal  •  CA/J/70/96  •  9 Dec 1997  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; OKWUCHUKWU OPENE JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff before the Area Court of Vom/Kuru, Grade 1 sitting at Vom and the respondent the defendant. It was a dispute over the ownership of a farmland at Dogan Gaba in Plateau State. The Area Court gave judgment in favour of the respondent on 4/9/90. The appellant brought an appeal against the judgment before the Plateau State Customary Court of Appeal. On 16/3/94, the Customary Court of Appeal dismissed the appeal by the appellant.

The appellant has brought a further appeal before this Court on one ground of appeal which reads:-

"1. The whole proceedings before the Customary Court of Appeal amount to a nullity having regard to Section 247 of the 1979 Constitution of the Federal Republic of Nigeria as amended".

In the appellant's brief the appellant's counsel identified the issue for determination in the appeal as the following:-

"Whether in view of S. 247(1) of the Constitution of the Federal Republic of Nigeā€¦

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login