BABANG GOLOK V. MAMBOK DIYALPWAN

UWAIS, J.S.C. (Delivering the Leading Judgment): The issue raised by this interlocutory appeal is whether, under the constitution of the Federal Republic of Nigeria, 1979, there is a right of appeal to the Court of Appeal from a decision of Customary Court of Appeal on a ground of appeal which does not pertain to any question of customary law.

In the Area Court, Grade 1 of Ron/Kulere sitting at Bokkos in Plateau State, the plaintiff, now respondent, brought an action against the defendant now appellant, claiming the recovery of a piece of farmland which the plaintiff alleged that the defendant borrowed from him about fifteen years ago. Judgment was given against the defendant who appealed against the decision to the Customary Court of Appeal of Plateau State. The appeal was allowed and the decision of the Area Court was set aside. The plaintiff then appealed to the Court of Appeal on the following grounds of appeal-

"1. The judgment is against the weight of evidence.

2. The learned Pr…