(1998) JELR 45621 (CA)    

Court of Appeal  ·  CA/J/134/95 ·  11 Feb 1998 ·  Nigeria
Other Citations
Shie v. Lokoja (1998) 3 NWLR (Pt.540)
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Core Terms Beta
identity of the land
ground of appeal
high court
ground of law
criminal proceedings
only issue
absence of evidence
appellate jurisdiction
favour of the plaintiff
following cases
grade ii area court
grounds of appeal
right of appeal
determination of this appeal
evidence of the appellant
final decisions
instant case
learned counsel
lower court
questions of law
record of proceedings
trial court
area court
boundaries of the land
briefs of argument
constitution of the federal republic of nigeria
decision of benue stale high court
doubt subsection
evidence of the defendant
judgment of benue state high court
land appellant
leading judgment
learned justice of the high court
old father
only ground of appeal file
piece of land
provisions of section
rules of this court
said judgment

OPENE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Benue State High Court sitting at Vanderkya in its appellate jurisdiction. The appellant who was the plaintiff at the Grade II Area Court, Ihugh brought an action against the defendant/respondent claiming a piece of land at Mbakyou and an injunction restraining the defendant/respondent from further working on the land. On 10/5/89 the Grade II Area Court entered judgment in favour of the plaintiff/appellant.

The defendant aggrieved with the said judgment appealed to the High Court and on 13/10/93 the High Court sitting in its appellate jurisdiction at Vandeikya allowed the appeal and dismissed the plaintiff/appellant's claims.

Dissatisfied with that decision, the appellant has appealed to this court. Both the parties filed their Briefs of argument in accordance with the rules of this court.

In the appellant's brief of argument, only the issue was identified for the determination of this appeal an…

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