FYNEY
V.
SULE

(2001) JELR 57785 (CA)

Court of Appeal · CA/J/54/93 · 30 Apr 2001 · Nigeria

CORAM

ALOMA MARIAM MUKHTAR, JCA (Presided) ISA ABUBAKAR MANGAJI, JCA (Read the Lead Judgment) IFEYINWA CECILIA NZEAKO, JCA

Core Terms ^Beta

court

evidence

grounds of appeal

appeal

customary court of appeal

counsel

senior counsel

preliminary objection

trial court

weight of evidence

ground of appeal

area court gadabuke

criminal appeals

plateau state customary court of appeal

incompetent ground of appeal

first issue

fresh point

appellant leave

decision of the plateau state customary court of appeal

decision of the trial gadabuke area court

evidence of the appellant

grounds of appeal states

provision of section

rules of this court

above constitutional provision

appellant’s witnesses

appellate courts

evidence of pw1

evidence of witnesses

face of the record

favour of the respondent

filing of briefs of argument

following language

honourable court raise

judgment of the trial court

lead judgment

learned justice

learned trial area court judge

omnibus grounds of appeal

original grounds

ownership of the farmland

proof of his case

provision of way

reversal of the judgment of the trial court

root of issue

said asanya

said ground

support of his preliminary objection

terms of order

MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal from the decision of the Plateau State Customary Court of Appeal which, in its judgment dated 9/10/91 set aside the decision of the trial Gadabuke Area Court and entered judgment in the favour of the respondent herein. The appellant felt aggrieved with the judgment wherein he filed a notice and ground of appeal dated 29/11/91 containing two original grounds. Much later on 13/4/94, this court granted the appellant leave to amend the notice and grounds of appeal and to raise a fresh point on appeal, which point was not canvassed at the court below. With the leave duly sought and granted, the appeal stood on three grounds which for purposes of clarityare reproduced hereunder.

“GROUNDS OF APPEAL:

That the Justice of the Plateau State Customary Court of Appeal erred in law when it held that there were contradictions in the evidence of the respondent/appellant’s witnesses at the trial court.

PARTICULARS

The Plateau State Customary…

FYNEY V. SULE

FYNEY
V.
SULE