MR. MAIGIDA DISSA V. MR. LANGMUT KANDE MR. GALADIMA DAWARI

OGBUAGU JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Plateau State Customary Court of Appeal, Jos delivered on 16th June, 1997 (coram: Hon. Justice L. C. Miner, J. A. Kylntu and Sabo Buge), setting aside the judgment/decision of the trial Grade I Area Court, Gindiri in favour of the plaintiff/appellant and ordering a retrial by the Upper Area Court, Mangu.

Dissatisfied with the said decision, the appellant has appealed to this court on two (2) grounds of appeal which read as follows:

Grounds of appeal

“A. The lower court erred in law in entertaining the appeal and deciding on a ground which is not a ground of customary law.

Particulars of error

The jurisdiction of the lower court is restricted to issues of customary law. The ground challengedthe competence of a single Judge sittingand takingproceedings in the trialArea Court. B. The decision of the lower court is erroneous in law as to the customary composition of an Area Court where a member is a…