PAM
V.
CHOJI

(2004) JELR 57734 (CA)    

Court of Appeal  ·  CA/J/268/99 ·  6 Jul 2004 ·  Nigeria
CORAM
OLUDADE O. OBADINA JCA (Presided and Read the Lead Judgment) AMIRU SANUSI JCA IKECHI FRANCIS OGBUAGU JCA
Core Terms Beta
respondent
appeal
case no. cv
appellant’s father
court
davou choji
suit no. cv
res judicata
learned counsel
lower court
subject matter
favour of the appellant
record of appeal
case no. ggac
enforcement of the judgment
suit no. ggac
trial court
upper area court
appellate jurisdiction
customary court of appeal
favour of the respondent
court of appeal
issuance of a writ of possession
lead judgment
pam dung jik
30th day of november
circumstances of the appeal
decision of the gigiring area court
decision of the plateau state high court
inter alia
legal principles
respect of case no. cv
retrial of the case
appeal of the appellant
appellant’s reply brief
chief y. abiodun v
close examination
conclusion of that case
conclusion of the case
davou choji of hwolshe v
decision of the upper area court
final judgment
gigiring area court grade ii
jos civil area court
judgment of honourable justices ahinche
lone issue
surrounding background facts
upper area court ii

OBADINA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Plateau State High Court in its appellate jurisdiction contained in the judgment of Honourable Justices Ahinche and Ubangari dated 30th day of November, 1994. The facts leading to the appeal are briefly as follows:- In 1979, the appellant’s father, Pam Dung Jik instituted a case No. CV/1379/79 at the Jos Civil Area Court, Grade 1, against the respondent, Davou Choji, claiming a declaration of title to a piece of land, situate and being at Hwolshe, Jos. At the conclusion of the case, judgment was entered in favour of the appellant’s father by the court. See pages 1 - 11 of the record of appeal.

In 1982, the respondent herein commenced another case at the Gigiring Area Court Grade II, Jos in suit No. GGAC/495/82, Davou Choji of Hwolshe v. Pam Dung Jik of Hwolshe , over a different and distinct piece of land from the one in respect of case No. CV/1379/79, Pam Dung v. Davou Choji . At the conc…

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