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SHAGYE FYNEY V. JONAH SULE (SUING BY HIS NEXT FRIEND MUSA ADAMU)

(2001) JELR 57785 (CA)

Court of Appeal  •  CA/J/54/93  •  30 Apr 2001  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR, JCA (Presided) ISA ABUBAKAR MANGAJI, JCA (Read the Lead Judgment) IFEYINWA CECILIA NZEAKO, JCA

Appearances
G. Ofodile Okafor (SAN) with Joy Onwugbolu (Miss) for the Appellant; I. O. Nasir for the Respondent

Judgement

MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal from the decision of the Plateau State Customary Court of Appeal which, in its judgment dated 9/10/91 set aside the decision of the trial Gadabuke Area Court and entered judgment in the favour of the respondent herein. The appellant felt aggrieved with the judgment wherein he filed a notice and ground of appeal dated 29/11/91 containing two original grounds. Much later on 13/4/94, this court granted the appellant leave to amend the notice and grounds of appeal and to raise a fresh point on appeal, which point was not canvassed at the court below. With the leave duly sought and granted, the appeal stood on three grounds which for purposes of clarity are reproduced hereunder.

“GROUNDS OF APPEAL:

(1) That the Justice of the Plateau State Customary Court of Appeal erred in law when it held that there were contradictions in the evidence of the respondent/appellant’s witnesses at the trial court.

PARTICULARS

(i)The Plateau State C…

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