DAMULAK DASHI NOKDANG DAWANG SAMUEL DAMULAK DATAU DAWANG V. STEPHEN SATLONG SATLONG DALIP

MUKHTAR, JCA (Delivering the Lead Judgment): The claim of the appellants, who were plaintiffs in the Upper Area Court of Plateau State sitting at Pankshin was for a declaration of title to a piece of farm land (situated at Minting in Chip District of Pankshin Local Government

Council,) against the defendants who were their customary tenants, and who had stopped complying with their traditional obligations. The defendants denied the plaintiffs claim, asserting that the land was theirs. Both parties adduced evidence and there was visit to the locus in quo . The sole area court Judge evaluated the evidence adduced, and struck out the A case of the plaintiffs. Dissatisfied with the decision the plaintiffs appealed to the Customary Court of Appeal on five grounds of appeal. The grounds read:- GROUND TWO

The trial court erred in law when it struck out the case of the plaintiffs on the principles of res judicata when the historical traditional evidence led before it does not warrant su…