(2009) JELR 40082 (SC)    

Supreme Court  ·  SC.205/2002 ·  19 Jun 2009 ·  Nigeria
Other Citations
Shelim v. Gobang (2009) 12 NWLR (Pt. 1156) 435 S.C.
DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUFUNMILOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Core Terms Beta
customary court of appeal
court of appeal
additional grounds of appeal
grounds of appeal
notice of appeal
lower court
condition precedent
18th february
amended notice
customary law
decision of the customary court of appeal
trial court
customary court of appeal of a state
lead judgment
coram of the customary court of appeal
judges of the customary court of appeal
plateau state customary court of appeal
valid notice of appeal
competent grounds
determination of the appeal
leading judgment
legal objection
view of section
amended appellants
area court
bed-rock of this appeal
customary court of appeal lacks jurisdiction
customary issues
decision of the trial area court
detail arguments
exercise of its jurisdiction
good reason
grounds of customary law
learned counsel
order of the court
party raises objection
plateau state
p. o. aderemi
proper constitution of the lower court
questions of customary law
respective briefs
respect of the issue
statutory constitutional provision
trial area court

JOHN AFOLABI FABIYI, J.S.C (Delivering the Leading Judgment): Proceedings in the matter culminating in the appeal herein were first instituted at the Grade 1 Area Court, Pankshin in Plateau State, of Nigeria. The respondent who was the plaintiff at the trial court claimed against the defendants who are appellants in this court as follows:

"I have sued the defendants because they entered my land. The land is situated at Tasuk. I got the (sic) from my father Goban who inherited it from Tongkhit. There are pawpaw tree, gung tree and

olive tree at the boundary. I reported the defendant to our ward head over the land and it was given to me ----------------------I want the court to get me the land from the defendant"

The trial court asked for the reaction of each defendant to the plaintiff s claim. Each of them replied that he heard but disagreed with the plaintiff. The trial court gathered the evidence adduced on both sides of the divide and visited the locus inquo. In its judgment handed …

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