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AMANA YAWAI v. ISA KODELE

(2018) LPELR-45723(CA)

In The Court of Appeal of Nigeria

On Tuesday, the 25th day of September, 2018

CA/YL/5/2017


Before Their Lordships

OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria

JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria

SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria


Between

AMANA YAWAI - Appellant(s)

AND

ISA KODELE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This is an appeal against the decision of the High court of Taraba State.

The Appellant commenced action against the respondent at the Grade I Area Court, Zing where he sought the assistance of Court to declare him the owner of the farmland lying and situate at Nakari Kwama village in Zing LGA. The case went into hearing with parties on both sides calling evidence of witnesses. At the close of evidence of defendant, the trial Court, in a considered Judgment (finding) delivered on the 1st April, 2016 found for the plaintiff, the Appellant herein, hence ownership of the land in dispute was declared in his favour. The trial Court further made an order directed on the defendant now respondent to pay to the appellant as cost the sum of N15,000.00.

Against that Judgment and order, the respondent as defendant appealed to the High Court of Taraba State vide the Notice of Appeal dated and filed on the 4th April, 2016, that is Appeal No. TRSJ/15A/2016.

The High Court of Taraba State sitting as an appellate Court took arguments of counsel who adopted their respective written addresses before it on the 22nd July, 2016. In the reserved Judgment delivered on the 30th August, 2016, the Court allowed the appeal and dismissed the claim at the trial Grade I Area Court, Zing.

Against this appellate decision of the High Court of Taraba State, the appellant appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on these issues couched as follows:

(1) Whether appeals lie direct to the High Court of Taraba State from the decision of the Grade I Area Court, Zing in Taraba State?

(2) Whether appeals lie as of right to the Court of appeal from the appellate decision of the High Court?

DECISION/HELD:
On the whole, the Court found merit in the appeal and accordingly allowed same. The Judgment of the High Court of Taraba State delivered on the 30th August, 2016 in Appeal No. TRSJ/15A/16 was thereby set aside.


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