(2000) JELR 44058 (CA)    

Court of Appeal  ·  CA/J/142/96 ·  27 Jul 2000 ·  Nigeria
Other Citations
Muemue v. Gaji (2001) 2 NWLR (Pt.697)289
JUSTIN THOMPSOM AKPABIO Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
trial upper area court
appellate high court
declaration of title
learned justices of the high court
southern boundary
appellate jurisdiction
instant action
said land
upper area court
case of niger construction ltd v
customary law
facts of this case
founder of the land
judgment of the appellate high court
limitation edict
parcel of land
sets of issues
behalf of muemue family
briefs of argument of the parties
careful examination of the issues
decision of the trial upper area court
evidence of the parties
excerpt of the trial upper area court
following reliefs
further trespassing of the disputed land
genesis of this case
high court katsina-ala
judgment of the katsina ala high court of benue state
leading judgment
licensees of the plaintiff
life time
manner of acts of ownership
mustapha imam v
orders of the trial upper area court
p.58 ll
possession of the land
provisions of s.43
s.3 of edict no.
see udoh v
tiv rule of native law

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Katsina Ala High Court of Benue State sitting in its appellate jurisdiction delivered on 16th April, 1992, wherefore the decision and orders of the trial Upper Area Court, Vandeikya were set aside and in their place was entered an order striking out the suit filed by the plaintiff (i.e. the appellant in this court).

For purposes of grasping the issues for consideration in this appeal it will be helpful to have recourse to the excerpt of the trial Upper Area Court's decision as could from the judgment of the appellate High Court that sat on appeal over that decision. It reads thus:

"The defendants (now appellants) were in consequence restrained from trespassing or further trespassing of the disputed land. They shall hand over the possession of the land to the original owners; the court having found them (appellants) to be licensees of the plaintiff/respondent and they had misbehaved them…

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