CORAM

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FRANCIS FEDODE TABAI, (Lead Judgment), JUSTICE SUPREME COURT

CHRISTOPHER MITCHEL CHUKWUMA-ENEH, JUSTICE SUPREME COURT

CHRISTOPHER MITCHEL CHUKWUMA-ENEH, JUSTICE SUPREME COURT

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PARTIES

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1. DAMULAK DASHI

2. NOKDANG DAWANG

3. SAMUEL DAMULAK

4. DATAU DALONG

APPELLANTS 

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STEPHEN DATLONG

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellants sued the respondents for ownership of farmland. The respondents raised the plea of res judicata. The appellant lost both at the Upper Area Court and Customary Court of Appeal and at the Court of Appeal. The appellants have further appealed

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HELD

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Appeal dismissed

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ISSUES

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NONE

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RATIONES DECIDENDI

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FEATURES OF CUSTOMARY TENANCY

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A customary tenancy involves the transfer of an interest in land from the customary landlord or overload to the customary tenant and which interest entitles the customary tenant to exclusive possession of the land and which interest, subject to good behaviour, he holds in perpetuity. Per Tabai, JSC

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FEATURES OF CUSTOMARY TENANCY

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Unless it is otherwise excluded, the main feature of a customary tenancy is the payment of tributes by the customary tenant to the overlord. And the status of his exclusive possession is such that it is enforceable against the world at large including even the customary landlord or those claiming through him. Per Tabai, JSC

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FEATURES OF CUSTOMARY TENANCY

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It is not an incident of customary tenancy that tributes can be paid by customary tenant to the landlord through a third party. Per Tabai, JSC

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CASES CITED

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1. Mitini Nyavwaro & Ors v. Babiya Ogegede (1971) N.S.C.C. 206 at 211

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STATUTES REFERRED TO

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NONE

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