(2002) JELR 44509 (CA)    

Court of Appeal  ·  CA/J/45/96 ·  27 Mar 2002 ·  Nigeria
Other Citations
Jiwul v. Dimlong [2003] 9 NWLR (Pt.824) pg. 154
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned trial judge
plateau transport corporation
certificate of occupancy
supreme court
favour of the defendant
right of occupancy
mr. gopep
pankshin native authority
court suo motu
defence of acquiescence
issue no.1
legal authorities
trial judge
legal rights
piece of land
acts of trespass
certificate of occupancy c
defence of bona fide purchaser
defendant make
d. gopep
exhibits f
face of the plaintiff
gap raises
high court of justice
issue of fraud
leading judgment
leave of this court
legal point
notice of appeal
owner of that piece of land
pankshin local government council
plateau state of nigeria
question of compensation
raise objection
relative claims of the parties
respectful view
rules of this court
said piece of land
state of the law
title of the plaintiff

NZEAKO, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of Damulak, J., sitting at the High Court of Justice, Pankshin, Plateau State of Nigeria, delivered on 30/9/94 in suit PLD/P30/92. The judgment was in favour of the defendant. By a notice of appeal filed on 2/12/94, the plaintiff who was dissatisfied appealed against the said judgment on 11 grounds.

Parties had upon settlement of records and service thereof exchanged briefs of argument in accordance with the rules of this court. The appellant's brief was filed on 30/4/96. With leave of this court granted on 31/1/2002, the respondent's brief filed out of time on 30/1/2002 was deemed properly filed and served within time. Before that, the respondent had complained about the record of proceedings being in-complete. He did this in a counter-affidavit filed on 16/3/98 in response to a motion filed on 29/10/97 by the appellant for an order to set the appeal down for hearing relying only on appellant's bri…

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