TANKO
V.
NONGHA

(2005) JELR 51016 (CA)    

Court of Appeal  ·  CA/J/257/2003 ·  10 Feb 2005 ·  Nigeria
CORAM
AMIRU SANUSI JCA (Presided) IFEYINWA CECILIA NZEAKO JCA (Read the Lead Judgment) IKECHI FRANCIS OGBUAGU JCA
Core Terms Beta
plaintiff
evidence
respondent
exhibits
case
learned trial judge
statement of claim
lead judgment
cross-examination
nzeako jca
statement of defence
christopher tanko
real owner of the land
respondent’s claim
evidence of pw3
grounds of appeal
learned jurist
mere speculation
sale agreement
absence of the defendant
absence of the respondent
appellant leave
appellant’s brief
application of the defence counsel
contract agreement
danjuma j. parties
evidence act
favour of the plaintiff
following reliefs
foregoing paragraph
hearing date of the appeal
high court of justice
learned trial judge’s judgment
mr. yaro
name of same buyer
onus shifts
purchase of land
record shows
rules of this court
said land
said plots of land
suit no. trsj
sum of n200,000.00
taraba state of nigeria
written note
wrong decision

NZEAKO JCA (Delivering the Lead Judgment): The respondent in this appeal was the plaintiff in suit No. TRSJ/88/2001 which he instituted on 26th October 2001 at the High Court of Justice, Jalingo, Taraba State of Nigeria. The suit came before Danjuma J. Parties exchanged pleadings. At the hearing, the plaintiff testified and called two witnesses. They all testified in the absence of the defendant. Later however, on the application of the defence counsel, Mr. Yaro, the plaintiff and his witnesses were recalled and were cross-examined. The defendant did not testify nor did he call any witness. Counsel for the parties addressed the court. On 22nd May 2003, the learned trial Judge delivered judgment in the action in favour of the plaintiff. The defendant being dissatisfied, has appealed to this court.

He filed 4 grounds of appeal and later filed and served his brief of argument on the respondent who on his part failed to file any brief of argument. On 10/5/2004, this court granted the app…

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