CaseLaw
UOR & Ors V. Loko (1988) CLR 5(c) (SC)
Judgement delivered on May 6th 1988
Brief
Facts
The respondent as plaintiff representing Gbatse Family sued the Appellants who were the Defendants in Lessel Area Court Grade 1, for a declaration of title to Gbatse Family farmland situate in Mbaaikyas. The claim was denied by the Appellants who also put up claim of ownership of the farmland in dispute. The parties called evidence in support of their cases. The Area Court Grade 1 gave judgment in favour of the Respondent. Subsequent appeals by the Appellants to both the High Court, Makurdi, Benue State, and the Court of Appeal, Jos against the Area Court’s decision failed and were dismissed. They have now appealed to this Court.
It is to be noted that the action was filed in an Area Court where rule of filing and exchanging pleadings does not apply. The case of the parties is usually discerned from their respective statements made to the Court.
In the trial court, both parties conducted and fought their cases or claim by each of them, on the title and ownership of the piece of land in dispute.
The Area Court found for them and the appellant appealed to the High Court (Makurdi) and failed. He appealed again to the Court of Appeal (Jos) which dismissed his appeal.
He appealed to the Supreme Court