Just Decided Cases

BABANG GOLOK V. MAMBOK DIYALPWAN

Legalpedia 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 ?


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