CORAM

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MOHAMMED BELLO, CHIEF JUSTICE NIGERIA

LAWAL, JUSTICE, SUPREME COURT

KARIBI-WHYTE, JUSTICE, SUPREME COURT

KAWU, JUSTICE, SUPREME COURT

OMO, JUSTICE, SUPREME COURT

M.L. UWAISM.E , JUSTICE, SUPREME COURT

MOHAMMED, JUSTICE, SUPREME COURT

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PARTIES

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M. AHMADU USMAN APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellant appealed against the decision of the area court on grounds of weight of evidence and bias. The court of appeal held that the appeal should lie to the High Court and subsequently gave a different decision that the appeal should be to the customary court of appeal.

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HELD

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The court held that there no issue of customary or Islamic law raised in the appeal and therefore the customary court of appeal lacks jurisdiction and that the court of appeal was in error to have overruled its previous decision in the circumstance.

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ISSUES

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1. Whether the Court of Appeal erred in law and misdirected itself, when it held that the Plateau State High Court had no jurisdiction to hear appeal No. PLD/J26A/86.

2. Whether the Court of Appeal erred in law and misdirected itself when it held that the nature of claim as found in Appeal No. CA/J/32/85 clearly shows that it involves question of customary law.

3. Whether the Court of Appeal erred in law and misdirected itself when it ordered that Appeal No. PLD/J26A/86 be remitted to the Customary Court of Appeal for adjudication.

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RATIONES DECIDENDI

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CASES CITED

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Tukur v. Government of Gondola state (1989) 4 NWLR (Pt 117)517
Young v. Bristol Aeroplane Co. Ltd. (1944)2 All E R. 293,300
Osumanu v. Amadu,(1949) 12 WACA 437
Davis v. Johnson (1978)1All ER. 1132

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STATUTES REFERRED TO

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The Area courts law of plateau state No.4 of 1968
The Plateau State Customary Court of Appeal Law, 1979
The High Court Law, Cap 49 Laws of Northern Nigeria, 1963
The Constitution of the Federal Republic of Nigeria 1979

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