TOMA DAMBAK V. BULUS MANDING
(1997) JELR 45382 (CA)
Court of Appeal
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CA/J/70/96
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9 Dec 1997
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Nigeria
Coram
GEORGE ADESOLA OGUNTADE JCA;
DENNIS ONYEJIFE EDOZIE JCA;
OKWUCHUKWU OPENE JCA;
Appearances
Solomon Umoh For Appellant
O. A. Heavens For Respondent
Judgement
<p>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.</p><p> The appellant has brought a further appeal before this Court on one ground of appeal which reads:- </p><p> "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".</p><p> In the appellant's brief the appellant's counsel identified the issue for determination in the appeal as the following:-</p><p> "Whether in view of S. 247(1) of the Constitution of the Federal Republic of Nige…</p>