TSALIBAWA
V.
HABIBA

(1991) JELR 80292 (CA)

Court of Appeal · CA/K/220/89 · 15 Jan 1991 · Nigeria
·

Other Citations

(1991) 2 NWLR 461

CORAM

UTHMAN MOHAMMED, J.C.A. (Presided) JOSEPH DIEKOLA OGUNDERE, J.C.A. MURITALA AREMU OKUNOLA, J.C.A. (Read the Leading Judgment)

Core Terms ^Beta

leading judgment

learned trial judge

authentic decision of a court of justice

supreme court

high court law

main issue

proposed judgment of the high court

reserved judgment

good judgment

unsigned judgment of the high court sokoto

following guidelines

final decision of the court

said judgment

undated judgment of the high court of sokoto state

evaluation of evidence

provision of this section

2.whether minutes of the trial judge

good reason

signed minutes of the trial judge

j. c. a.

consequential findings of fact

civil case

set standard

essentials of a good judgment

justices of the supreme court

laws of northern nigeria

2nd may

trial judge

writing of judgments

high court law of northern nigeria

court of record

written opinion

starting point

s.c.91 p

sokoto judicial division

conclusion of evidence

selected judgments of the supreme court

later date

judge

court

unsigned judgment

briefs of argument

definite parts of good judgment

trial court

decision of the court

judgment

substance of a judgment

civil cases

such findings

evidence

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against an unsigned and undated judgment of the High Court of Sokoto State (Sokoto Judicial Division) delivered in Suit No.SS/38/89 presided over by Omokri, J. on 2nd May, 1989. The action in the suit is for declaration of title in respect of a disputed piece of land between the parties. The plaintiff gave evidence and called one witness while the defendant rested her case on that of the plaintiff and chose not to address. Judgment was adjourned to 2nd May, 1989. In the records of proceeding signed by the Judge, the learned trial Judge wrote and I quote:

"COURT: Judgment for defendant, action dismissed."

The record also shows a reserved judgment unsigned and undated in which the court dismissed the plaintiff's claim for lack of merit. Dissatisfied with this judgment, the plaintiff appealed to this Court on 3 grounds. He later sought and obtained leave to file a fourth one. Both parties filed their briefs of argument.

Th…

TSALIBAWA V. HABIBA

TSALIBAWA
V.
HABIBA