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CaseLaw

Shekse V. Plankshak (2008) CLR 7(f) (SC)

Judgement delivered on July 11th 2008

Brief

  • Issues not raised at trial
  • Non recording of proceedings at locus in quo
  • Witness testimony
  • Concurrent findings

Facts

The Appellant sued the Respondents at the High Court of Justice Pankshin, Plateau State on behalf of himself and Kerang Community seeking the following reliefs as per paragraph 19 of his amended Statement of Claim:-

"Wherefore, the Plaintiff claims against the Defendants jointly and severally.

  • 1
    A declaration that the Quarry Site within the Bwansuhum area is in the customary possession and ownership of the Plaintiff.
  • 2
    An order that the 1st-5th Defendants account for the sum of N22,000.00 received from P.W. (Nig) Ltd.
  • 4
    A perpetual injunction against the Defendants, their servants, agents or privies to restrain them from further acts of trespass,
  • 5
    N25,000.00 (Twenty-Five thousand Naira) damages."

Pleadings were exchanged between the parties and the trial Court after hearing evidence from both parties and listening to the addressees of their counsel thoroughly evaluated the evidence and dismissed the Appellant's claim. Agrieved by that decision the Appellant appealed to the Court of Appeal, Jos Division. In the lead judgment read by Mukhtar, JCA (as she then was) she thoroughly considered all the issues canvassed before the Court of Appeal and dismissed the appeal.

This is a further appeal to the Supreme Court

Issues

  • 1
    "Whether the Court of Appeal and the lower Court were right in dismissing...

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