HIRNOR & ANOR.
V.
YONGO & ORS.

(2003) JELR 44794 (SC)    

Supreme Court  ·  SC.24/1997 ·  25 Apr 2003 ·  Nigeria
 · 
Other Citations
Hirnor v. Yongo (2003) 9 NWLR (Pt.824)77 (2003) 4 S.C (Pt.II) 18 (2003) 4 S.C (Pt.II) 18
CORAM
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
court of appeal
customary court of appeal
court
customary law
question of customary law
jurisdiction
matters
appellants
section
act of the national assembly
decision of the customary court of appeal
respondents
civil proceedings
additional grounds of appeal
constitution of the federal republic of nigeria
right of appeal
issue
provisions of section
benue state
decisions of the customary court of appeal
proposed appeal
reasons
determination of this appeal
fuller reasons
present case
case of pam v
decision of the trial court
decision of the trial upper area court
leading judgment
learned justices of the court of appeal
sole ground
such right of appeal
valid appeal
adikpo upper area court
a. i. iguh
civil rights
cul-de-sac
decision of the court of appeal
learned counsel
leave of that court
legal practitioners
local government area of benue state
mr. e. a. uzer
mr. j. s. mshelia
original sole ground of appeal
said decision
trial court

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated at the Adikpo Upper Area Court in Benue State. In that court, the respondents, as plaintiffs, claimed against the defendants, now appellants, a declaration of title to a piece or parcel of farm land situate at Mbaper, Shangevya in Kwanda Local Government Area of Benue State.

The trial court, at the conclusion of hearing, dismissed the plaintiffs' claims and entered judgment in favour of the defendants. The plaintiffs, being dissatisfied with this decision of the trial Upper Area Court, lodged an appeal against the same to the Customary Court of Appeal, Benue State, upon the sole ground that the decision of the trial court was against the weight of evidence. Subsequently the plaintiffs applied for leave to file additional grounds of appeal before the Customary Court of Appeal, Benue State.

Before the appeal came on for hearing, the defendants filed a notice of preliminary…

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