DAMBAK
V.
MANDING

(1997) JELR 45382 (CA)    

Court of Appeal  ·  CA/J/70/96 ·  9 Dec 1997 ·  Nigeria
 · 
Other Citations
Dambak v. Manding (1998) 2 NWLR (Pt.539)
Dambak v. Manding (1998) 2 NWLR (Pt. 539) 700
CORAM
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
Core Terms Beta
appeal
court
respondent
question of customary law
ground of appeal
issue
costs
section
complaint
constitution of the federal republic of nigeria
customary court of appeal
customary court of appeal of a state
decision of the customary court of appeal
judgment
plaintiff
right of appeal
above provision
area court
area court of vom
brother oguntade
brother oguntade j.c.a.
circumstance
customary court of appeal amount
determination
dispute
draft of the lead judgment
face of the constitutional provisions
favour of the respondent
further appeal
grade
incompetent see golok v. diyalpwan
issues of law
judicial authorities
jurisdiction
kuru
leading judgment
matters
nullity
only ground of appeal
particular point
path
plateau state
plateau state customary court of appeal
preview of the judgment
question
solitary ground of appeal
supervisory jurisdiction
supreme court
weighty judicial pronouncement

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login