DANJUMA JIKA V. BAKO AKUSON

SANUSI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Customary Court of Appeal, Nasarawa State, sitting in its appellate jurisdiction (coram Justices Yusuf Yakubu, A. Alaku and James Ade) (hereinafter called “the lower court”) delivered on 5th August, in suit No. CCA/NS/441/97. The lower court sat on appeal against the decision of the Grade 1 Area Court, New-Karu (hereinafter referred to as “the trial court”). At the trial court, the present appellant who was the plaintiff thereat filed a writ of summons claiming a farmland located or situated at Uke Area against the defendant who is now the respondent in this appeal. It needs to be stated here that, at the commencement of the hearing of the suit at the trial court, the defendant/respondent’s counsel filed a motion on notice at the trial court challenging the jurisdiction of that court on the ground that the land in dispute fell under or was situate at an area designated and tagged as “urban area”…