HARUNA
V.
DANU

(2018) JELR 39105 (CA)    

Court of Appeal  ·  CA/K/42/2016 ·  9 Feb 2018 ·  Nigeria
CORAM
IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court kahugu
kaduna state customary court of appeal
customary court
preliminary objection
customary court of appeal
questions of customary law
favour of the respondent
lower court
judgment of the customary court of appeal
appeal
judgment of the kaduna state customary court of appeal
judgement of the customary court kahugu
case no. cc
counter-claim
notice of appeal
leading judgment
act of the national assembly
case of pam v. gwom
learned justices of the lower court
appellants brief of argument
trial court
amina audi wambai
fate of the preliminary objection
established practice
obietonbara o. daniel-kalio
basis of his incompetent ground of appeal
law
decisions of the customary court of appeal
judgment of the lower court
weight of customary evidence
respondents appeal
customary law
sole ground of appeal
question of customary law
clear constitutional provision
such findings
meritorious preliminary objection
kaduna state customary court emmanuel danu
grounds
supreme court
gladiatorial parties
civil proceedings
valid counter-claim
appellant emmanuel haruna
pendulum of justice
competent ground of appeal
cases of okoro v. nwachukwu
purported appeal
ground of the preliminary objection

OBIETONBARA O. DANIEL-KALIO, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the Kaduna State Customary Court of Appeal delivered on 18/11/2015. The Appellant at the Kaduna State Customary Court Emmanuel Danu was the defendant at the Customary Court Kahugu in case No. CC/BH/02/2015. He was sued at that Customary Court by the plaintiff Emmanuel Haruna over the ownership of land. The Customary Court Kahugu gave judgment to the plaintiff Emmanuel Haruna. Dissatisfied with the judgement of the Customary Court Kahugu, Emmanuel Danu appealed to the Kaduna State Customary Court of Appeal. At the Customary Court of Appeal, the pendulum of justice swung in the opposite direction as judgment was given in favour of Emmanuel Danu. Emmanuel Haruna was dissatisfied with the judgment of the Customary Court of Appeal. He therefore appealed to this Court. Interestingly therefore, the gladiatorial parties are Emmanuels.

In his Notice of Appeal dated the 18th of January, 2…

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