MKPEN TIZA V. IORAKEPEN BEGHA

CORAM

MUHAMMADU LAWAL UWAIS CHIEF JUSTICE NIGERIA

PIUS OLAYIWOLA ADEREMI(Lead Judgment), JUSTICE SUPREME COURT

UMARU ATU KALGO JUSTICE, SUPREME COURT

PARTIES

1.MKPEN TIZA2. IORKYAA BAMUUN APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The court of appeal deferred a preliminary objection to an appeal from the customary court of appeal till the end of the case. The objection was based on the ground that no issue of customary law was raised in the appeal.

HELD

The court held that the court of appeal was in error to do so and that it had no jurisdiction to entertain the appeal. ?

ISSUES

1. Whether or not the Court of Appeal, Jos, was right in not upholding the objection that the appeal before it was incompetent in view of the grounds of appeal and the objection before that Court.”2. Whether or not the Court of Appeal Jos, was right in allowing the appeal before it by hibit “A” minutes of the traditional arbitration when both the trial Area Court and the Customary Court of Appeal failed to evaluate same and in coming to the conclusion that the said Exhibit “A” was a “worthless document xxxxxxxxx and so not worth pronouncing upon.?

RATIONES DECIDENDI

CASES CITED

1) NWADIKE V. IBEKWE (1987) 4 NWLR (pt 67) 178, 2) ANOSIKE BUILDING COMMERCIAL COMPANY V. F.C.D.A (1994) 8 NWLR (pt 363) 421; 3) OGBONNAYA V. ADAPALM (NIG) LTD (1993) 5 NWLR (pt 292) 1474) AUTO IMPORT EXPORT V. ADEBAYO (2003) FWLR (pt 140) 1686, (2003) 1 SCM, 154;