UWAIFO, J.C.A. (Delivering the Leading Judgment): The crucial issue in this appeal is simple. It is whether it is proper for an appellate court to proceed to decide the merit of a case on appeal where it has held decidedly that the court below lacked jurisdiction. That was what E.A. Uke, J., did on 4 October, 1989 sitting as an appellate Judge in the High Court holden at Obubra.
The case originated in the District Customary Court of Yakurr. It is a claim relating to land. The plaintiffs (now appellants) sought a declaration of title to a piece of land known as Ebongho Cocoa-land. Judgment was given in favour of the defendants (now respondents). The plaintiffs appealed by filing their notice and grounds of appeal at the Yakurr District Court. It appears from there the appeal was transmitted to the Magistrate's court Grade III. That court heard and determined the appeal. It reversed the decision of the District Court and gave judgment for the plaintiffs.
The defendants then appealed to th…