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DANG PAM V. SALE DANG GWOM

(1997) JELR 47992 (CA)

Court of Appeal  •  CA/J/5/95  •  9 Dec 1997  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; OKWUCHUKWU OPENE JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff before the Grade I Area Court to Foron-Fan-Heipang. He claimed against the respondent as the defendant for the ownership of a farmland. The Area Court on 7/7/88 gave judgment in favour of the appellant. The respondent was aggrieved by the judgment of the Area Court. He appealed against it before the Customary Court of Appeal in Jos (hereinafter referred to as the 'Lower Court').

The lower court on 4/10/94 reversed the judgment of the Area Court and gave judgment in favour of the respondent. The appellant has brought this appeal against the judgment of the lower court on six grounds of appeal - five original and one additional. I have renumbered the additional ground of appeal as No.6 hereunder. The six grounds read:

"(1) The judgment of the Customary Court of Appeal, Jos is against the weight of evidence.

(2) The learned Justices of the Customary Court of Appeal, Jos misdirected itself and resolved theā€¦

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