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DAMBAK
V.
MANDING

(1997) JELR 45382 (CA)

Court of Appeal 9 Dec 1997 Nigeria
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Case Details

Suit Number:CA/J/70/96
Judges:GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Counsel:Solomon Umoh For Appellant O. A. Heavens For Respondent
Other Citations:Dambak v. Manding (1998) 2 NWLR (Pt.539)

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff before the Area Court of Vom/Kuru, Grade 1 sitting at Vom and the respondent the defendant. It was a dispute over the ownership of a farmland at Dogan Gaba in Plateau State. The Area Court gave judgment in favour of the respondent on 4/9/90. The appellant brought an appeal against the judgment before the Plateau State Customary Court of Appeal. On 16/3/94, the Customary Court of Appeal dismissed the appeal by the appellant.

The appellant has brought a further appeal before this Court on one ground of appeal which reads:-

"1. The whole proceedings before the Customary Court of Appeal amount to a nullity having regard to Section 247 of the 1979 Constitution of the Federal Republic of Nigeria as amended".

In the appellant's brief the appellant's counsel identified the issue for determination in the appeal as the following:-

"Whether in view of S. 247(1) of the Constitution of the Federal Republic of Nige…

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