(2002) JELR 44508 (CA)    

Court of Appeal  ·  CA/J/37/98 ·  27 Mar 2002 ·  Nigeria
Other Citations
Gobang v. Shelim (2003) 3 NWLR (Pt.807)286
MARIAM ALOMA MUKHTAR Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
preliminary objection
grounds of appeal
customary court of appeal
question of customary law
additional grounds of appeal
trial court
amended grounds of appeal
court of appeal rules
ground of appeal
issue of customary law
absence of any act of the national assembly
appellant leave
area court pankshin
b.o.n. ltd.
briefs of argument
court's decision
court's rules
decision of the state customary court of appeal
decision of the trial court
exercise of jurisdiction
following claim
grant of leave
ground of appeal no.2 raises
inter alia
issue of acts of possession
issue of arbitration
jurisdiction of lower court
jurisdiction of the trial court
justices of the customary court of appeal
leading judgment
learned counsel
lord denning
none of the grounds of appeal
notice of the respondents
operating law
part of a decision of the lower court
plateau state customary court of appeal
questions of customary law
reply brief
respect of its number
state customary court of appeal
trial judge

I.T.MUHAMMAD, J.C.A. (Delivering the Leading Judgment): At the Grade 1 Area Court Pankshin, (trial court), the plaintiff made the following claim:

I have sued the defendants because they entered my land. The land is situated at Tasuk. I go the (sic) from my father Goban who inherited it from Tongkhit. There are Pawpaw tree, Gung tree and one olive tree at the boundary ... I want the court to get me the land from the defendant.

When the trial court turned to the respondents, each, replied that he heard but disagreed with what the plaintiff said. After taking evidence from the parties and visiting the locus in quo, the trial Judge declared title to the disputed land in the plaintiff. Dissatisfied, the defendants appealed to the Plateau State Customary Court of Appeal (lower court). After hearing the parties on their submissions, the lower court allowed the appeal, reversed the decision of the trial court and entered judgment for the appellants. The respondent at the lower court was aggr…

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