YAKUBU & ANOR
V.
ALI & ORS

(2018) JELR 39112 (CA)

Court of Appeal · CA/A/290/2014 · 25 Apr 2018 · Nigeria

CORAM

ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appeal

court

question of customary law

customary court of appeal

grounds of appeal

trial court

lower court

issue

respondent

upper area court okpo

issue of jurisdiction

judgment of the trial court

preliminary objection

constitution of the federal republic of nigeria

cross-appeal

customary court of appeal of a state

hearing of the appeal

jurisdiction of a customary court of appeal

supreme court

trial upper area court

appellate court

appellate courts

application of customary law

claim

claim of customary title

court suo motu

cross appeal

customary court of appeal lokoja

customary court of appeal of kogi state

decisions

decisions of upper area courts

ejectment of the plaintiff

judgment of the customary court of appeal lokoja

leading judgment

order of the upper area court

questions of customary law

raise question of customary lawit

serious questions of the fairness of the proceedings

such questions

totality of the evidence

trial upper area court okpo

various laws of different states

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal Lokoja, delivered on the 24th October 2013, which dismissed the appeal to it, from the Upper Area Court Okpo. It however varied the Order of the Upper Area Court, by setting aside the Order of forfeiture.

The respondent as plaintiff, instituted an action at the trial Upper Area Court Okpo, claiming -

1. Claim and declaration of title to the land and its economic trees lying and situate at Ejoka-Adeh Okpo, from the defendant.

2. Injunction restraining the defendant and his privies from the land.

The defendant, who is now the appellant, counter-claimed in respect of the land in the following -

(a) Claim of customary title to a piece of or parcel of land known as Ejoka land for both settlement and farming situate at Ejoka-Ade Olamaboro Local Government Council.

(b) An order of forfeiture and ejectment of the plaintiff, their privies, agents workmen from the l…

YAKUBU & ANOR V. ALI & ORS

YAKUBU & ANOR
V.
ALI & ORS