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…

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