Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108796 (CA)    

Court of Appeal  ·  CA/G/356/2017 ·  2 Aug 2021 ·  Nigeria
Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

Ratio Decidendi

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Gombe State sitting in its appellate jurisdiction in Suit No. GM/94A/2015 delivered on 16th December, 2016, Coram: H.Y. Heman C.J. and Abubakar Jauro, J.

The High Court heard and determined an appeal from the decision of the Upper Area Court Talasse which was delivered on 23th November, 2015. The decision of the Upper Area Court was also in respect of an appeal from the decision of the Area Court Kindiyo, which decision had been delivered on 28th May, 2015.

For clarity, the route which this suit traveled and the decisions rendered before getting to this Court, are traced as follows: The trial Area Court had found in favour of the Respondent herein, who was Plaintiff before it and confirmed the land in dispute to him. Aggrieved, the Appellant herein, who was defendant at the trial Court, appealed to the Upper Area Court which allowed the appeal but ordered a r…

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