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"In weighing the evidence from both sides therefore, the Court is of the opinion that the evidence on the side of the Plaintiff is heavier than that of the Defendants. This suggests that the Plaintiff has discharged the burden of proof that lies on him for his claim. In the light of that, title to the disputed land is hereby declared (sic) to the Plaintiff."
The Defendants who felt unhappy with the stance posed by the trial area Court, appealed to the Plateau State Customary Court of Appeal. On their behalf, an application was filed seeking leave to argue additional grounds of appeal. On 18th February, 1994, the application was heard and granted by only two Judges to wit: Yakubu, PPCA and Goften, JCCA. The propriety of same, as will be discussed later in this judgment, is the bed-rock of this appeal. The Customary Court of Appeal later heard the appeal. In its judgment, the decision of the trial area Court was reversed. Judgment was entered for the Appellants thereat.
The Plaintiff who was aggrieved with the decision of the Customary Court of Appeal, appealed to the Court of Appeal. In its real essence, the Court below treated the appeal based on the issue whether the decision of the Customary Court of Appeal is a nullity.
After considering arguments canvassed by both sides in respect of this issue, the Court concluded that there was no valid Notice of Appeal before the Customary Court of Appeal. It also found that that court was not properly constituted. Accordingly, proceedings of the Customary Court of Appeal, including the judgment, were declared a nullity. The appeal was therefore upheld and no other issues were considered.
The Appellants then appealed to the Supreme Court.
