PAN BISBILDER (NIGERIA) LIMITED V FIRST BANK OF NIGERIA LIMITED
June 26, 2025ALHAJI AWESU ATANDA ADEYEMI V CHIEF SIMON MORONFOLU OLAKUNRI
June 26, 2025Legalpedia Citation: (2000) Legalpedia (SC) 56161
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jan 13, 2000
Suit Number: SC 17/1988
CORAM
A.B. WALI
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
O. ACHIKE JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT(Read the Leading Judgment)
Chima Centus Nweze JSC
PARTIES
DAMG PAM APPELLANTS
SALE DANG GWOM RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant appealed to the court of appeal from the decision of the customary court of appeal on 6 grounds. The appeal was struck out of on the grounds that they raise no issue of customary.
HELD
The court allowed the appeal on the ground that ground 4 raises issue of customary law.
ISSUES
Whether or not the right of appeal under section. 224 of the Constitution of the Federal Republic of Nigeria 1979 as amended precluded the Honourable Court of Appeal from determining a ground of appeal that challenged the jurisdiction / competence of the Customary Court of Appeal, Jos. Whether or not ground 3 as contained in the Notice of Appeal did not raise an issue of Customary Law to make it competent before the court. Whether or not ground 4 did not raise issues of Customary Law and thus competent before the Court.”
RATIONES DECIDENDI
APPEAL FROM THE CUSTOMARY COURT OF APPEAL TO THE COURT OF APPEAL MUST RAISE ISSUE OF CUSTOMARY LAW
The right of appeal from the Customary Court of Appeal to the Court of Appeal is as of right and must relate to any question of Customary law and/or such other matters as may be prescribed by an Act of the National Assembly
CASES CITED
Musa Iyayi v. Sule Eyigebe (1987) 3 NWLR (Pt. 61) 523 at 525.|Golok v. Diyalpwan (1990) 3 NWLR (Pt.139) 411. At page 418
STATUTES REFERRED TO
The 1979 Constitution|
