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…

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