CORAM

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MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA

SALIHU MODDIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

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PARTIES

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YIOLA MASKALA APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The plaintiff claimed ownership of a piece of land over which the defendant had long been in possession. He was unable to establish good root of title. The trial court and the court of appeal dismissed the claim. He appealed on grounds of the competence of the trial court and the fact that the defendant’s appeal at the court of appeal was incompetent.

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HELD

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The court dismissed the appeal.

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ISSUES

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Whether the trial Civil Area Court Shelleng was properly constituted when it heard and determined this case? And if the answer is in the negative, whether the decision of the Court of Appeal which restored the said judgment did not amount to a nullity?Whether the grounds of appeal filed and argued before the lower court did not all raise issues of mixed law and facts? And if the answer is in the affirmative, can it be said that the leave granted by a single judge of the Adamawa High Court to the respondent herein to appeal against the said judgment was valid? And if not, did the Court of Appeal have jurisdiction to hear and determine the said appeal?.

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RATIONES DECIDENDI

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WHEN LEAVE IS REQUIRED TO APPEAL TO THE SUPREME COURT

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Leave of court is required to raise and argue a new issue in the Supreme Court- Belgore J.S.C.

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INSTANCES OF A QUESTION OF LAW WHICH REQUIRES NO LEAVE

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Question as to whether, in the course of proceedings, the court acted in breach of the known principle to receive the fresh evidence, is a question of law which require no leave – BelgoreJ.S.C

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CASES CITED

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Achinekwu v. Ishagba (1988) 4 NWLR (Pt. 89) 411, 417-418Achinckwu v. Ishagba,   Madukolu & Ors. v. Nkemdilim (1962)1 All NLR 589, 589; (2001) 3 SCM 185

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STATUTES REFERRED TO

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The 1979 Constitution

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