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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login