PASTOR SAM ZERKON V. UMARU WANCHAR
(2018) JELR 39190 (CA)
Court of Appeal
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CA/YL/160/2017
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21 May 2018
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Nigeria
Coram
OYEBISI FOLAYEMI OMOLEYE JCA;
JAMES SHEHU ABIRIYI JCA;
SAIDU TANKO HUSSAINI JCA;
Appearances
D. O. Ovoyenta Esq. For Appellant
Respondent was absent and also unrepresented by any counsel, although hearing notice was duly served on the Respondent's counsel For Respondent
Judgement
<p>OYEBISI FOLAYEMI OMOLEYE, J.C.A.(Delivering the Leading Judgment): The Appellant filed an application on 14th of October, 2016 before the High Court of Taraba State (hereinafter called the lower Court) in Suit NO.TRSJ/9A/2016, seeking for an enlargement of time to file an appeal against the judgment of the Grade II Civil Area Court, Mbar (hereinafter called the trial Court) in Case No. CV/8/2013 instituted by him against the Respondent as defendant. The suit at the trial Court was for declaration of title to a piece of farmland situated at Nyer in Mbar Sam Village in Taraba State. The case went to trial and at the close of the parties respective cases, the trial Court, in its considered judgment delivered on 12th of November, 2013, held that the Appellant failed to prove his claim and forthwith dismissed same. The Appellant was dissatisfied with the judgment but being out of time in filing his notice of appeal before the trial Court, filed an application before the lower Court for ext…</p>