(1997) JELR 45427 (CA)    

Court of Appeal  ·  CA/K/185/96 ·  9 Jul 1997 ·  Nigeria
Other Citations
Ango v. Awawa (1998) 1 NWLR Part 532
Waziri v. Waziri (1998) 1 NWLR (Pt. 533) 322
Ango v. Awawa (1998) 1 NWLR (Pt. 532) 146
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial area court
upper area court
high court
senior counsel
trial court
decision of the trial area court
holy bible
judgment of the upper area court
farm land
gwantu area court
judgment of the trial area court
learned counsel
present appellant
defence witnesses
set of evidence
decision of the high court
decision of the upper area court
favour of the respondent
following findings
upper area court kafanchan
appellate jurisdiction
area court gwantu
complete evidence
contention of the learned counsel
different places
full trial
judgment of the trial area court gwantu
kafanchan upper area court
late father
leading judgment
light of his submission
new trial
notice of the evidence
painstaking review of the evidence of the witnesses
proper notice of the evidence of the plaintiffs
senior counsel mr. daudu
standard of proof of gwantu native law
views of the learned counsel
village head

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This matter had two outings before both the Area Court Gwantu and the Upper Area Court, Kafanchan.

In the first outing, the respondent in this appeal instituted an action before Gwantu Area Court claiming a farm land which he claimed to have inherited from his late father. In the first suit it was not the present appellant that was sued, but one Yusufu. An appeal was lodged before the Kafanchan Upper Area Court, which allowed the appeal, but ordered a new trial before the same Gwantu Area Court with a directive that the respondent should sue the present appellant instead of Yusufu.

The respondent complied with the order and instituted a fresh action before the Gwantu Area Court over the same piece of land, but this time around the present appellant was sued as defendant. The Gwantu Area Court heard the case afresh and both parties called 4 witnesses in support of their claims. In this suit, the appellant as defendant also claimed ow…

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