ABINATU MELA V. PASTOR CINIKI

BIOBELE ABRAHAM GEORGEWILL JCA (DELIVERING THE LEADING RULING): On 28/10/2015, the appellant/respondent sought and obtained the leave of this court to appeal against the judgment of the court below delivered on 25/7/2011 in Appeal No. GM/102A/2010: Abinatu Mela v. Pastor Ciniki, in which the judgment of the Upper Area Court II Gombe was affirmed.

Consequent upon the leave so granted, the appellant/respondent filed the notice and grounds of appeal on 2/11/2015. However, by a motion on notice filed on 15/2/2016 the appellant/respondent sought and obtained the leave of this court to raise for the first time an issue of jurisdiction touching on the composition of the trial Billiri Area Court, Poshiya and to amend the notice and grounds of appeal to include an additional ground 6 challenging the competence of the trial Billiri Area Court, Poshiya. The amended notice and grounds of appeal was deemed duly filed on 23/2/2016. By a motion on notice filed on 1/2/2016 and granted on 4/2/2016, the…