(1998) JELR 45618 (CA)    

Court of Appeal  ·  CA/J/112/94 ·  8 Dec 1998 ·  Nigeria
Other Citations
Atsen v. Sha (1999) 1 NWLR (Pt.586) pg.265
Atsen v. Sha (1999) 1 NWLR (Pt. 586) 265
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court of appeal
grounds of appeal
trial court
customary court of appeal jos
question of customary law
court of appeal
particulars of error
customary court of appeal of a state
decision of the customary court of appeal
decision of the trial court
notice of appeal
questions of customary law
record of appeal
subject matter
suit no. cy
above provision
appeal of the appellant
area court nassarawa gwong jos plateau state
careful consideration of these grounds of appeal
civil procedure
civil proceedings
copy of the record
critical analysis of the above grounds of appeal
decision of the trial area court
decisions of the customary court of appeal
disputed land
evidence of the trial court
further appeal
ground of appeal
issue of certification of the copy
issue of res judicata
issue of suit no. cv
land suit
leading judgment
leave of this court
native law
particular point
rules of this court
sweet potatoes
trial area court
unbiased posture of the trial court
weight of judicial opinions

EDOZIE, J.C.A. (Delivering the Leading Judgment): On the 1st day of July, 1986, the appellant as plaintiff sued the respondent as defendant at the Area Court Nassarawa Gwong Jos Plateau State claiming a piece of farmland. After trial during which the parties called witnesses. the claim was dismissed on 30th October. 1986. Thereafter, the appellant appealed against the decision to the Customary Court of Appeal Jos which on 4th day of October. 1988 dismissed the appeal and affirmed the decision of the trial Area Court.

This is a further appeal by the appellant to this court against the decision of the Customary Court of Appeal, Jos. The notice of appeal was filed pursuant to the leave of this court granted on 25th October 1994 and it is predicated on four grounds of appeal. Parties, by their counsel and in accordance with the rules of this court filed and exchanged briefs of argument wherein they identified questions for determination arising from the appeal. In the appellant's brief, t…

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