ELOICHIN (NIGERIA) LIMITED AND ORS VS VICTOR NGOZI MBADIWE
July 15, 2025FRED EGBE VS ALHAJI ABUBAKAR ALHAJI
July 15, 2025Legalpedia Citation: (1990) Legalpedia (SC) 11671
In the Supreme Court of Nigeria
Fri Jun 29, 1990
Suit Number: SC 215/1986
CORAM
MOHAMMED BELLO, JUSTICE, SUPREME COURT
AGUSTINE NNAMANI, JUSTICE, SUPREME COURT
SAIDU KAWU, JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PHILLIP NNEAEMEKA-AGU, JUSTICE, SUPREME COURT
PARTIES
BABANG GOLOK APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent sued the appellant for the return of the land he borrowed him. His claim was dismissed by the Customary Court of Appeal. Only ground one of his appeal raises issue of customary law
HELD
The court held that there could only be an appeal to the court of appeal from the decision of the customary court of appeal based on customary law and struck out the other ground of appeal.
ISSUES
Whether, under the Constitution of the Federal Republic of Nigeria, 1979, there is a right of appeal to the Court of Appeal from a decision of Customary Court of Appeal on a ground of appeal, which does not pertain to any question of customary law.
RATIONES DECIDENDI
CASES CITED
None
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1979 ?
