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CaseLaw

Wassah & Ors Vs. Kara & Ors (2014) CLR 12(g) (SC)

Judgement delivered on December 19th 2014

Brief

  • Section 22 Supreme Court Act
  • Preliminary objection
  • Order 2 Rule 9 of the Supreme Court Rules
  • Grounds of appeal
  • Documentary evidence
  • Admissibility
  • Law and Justice
  • Retrial order
  • Technicalities

Facts

The facts are these. The respondents/plaintiffs are representatives of the Ville Clan in the Gwoza Local Government Area of Borno State. The 1st appellant/defendant represents the Kurana Bassa people, a hill dweling people. The Government pleaded with the Kurana Bassa people to come down from the hills and be integrated. They agreed. They came down ana1 lived with the Ville Clan. They paid taxes, the Ville Clan and the Kurana Bassa people lived in an area that is under the control of the Gwoza Local Government Council. By a letter dated 30/1/86 and 22/1/87 the Borno State Government ordered the Gwoza Local Government to withdraw its letter of 30/1/86. The Local Government compiled. Both sides have lived happily ever since. The suit was filed because of the change of name of some public utilities in the area.

Dismissing the plaintiffs case the learned trial judge said:

  • “……..I am satisfied from the evidence tendered before me and the documents tendered that none of the reliefs has been proved against defendant and his subjects. I also hold that none of the reliefs has been proved against the 2nd and 3rd defendants respectively.

This judgment was upset by the Court of Appeal (Jos Division). The Court of Appeal said:

  • "..........I resolve the supra issues in favour of the appellants, and so all the grounds of appeal to which the issue is married succeed. The end result is that the appeal succeeds in its entirety. I therefore allow the appeal and set aside the decision of the lower court. Judgment is hereby given to the plaintiffs as per their Statement of claim...."

The defendants/appellants were dissatisfied with the judgment of the Court of Appeal and so filed a Notice of Appeal to this court on 25th September 2001

Issues

Whether the learned justices of the Court of Appeal were right on the law and...

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