Categories: General

Duty of an Appellate Court when Hearing Appeals from the Area/Customary Court

CASE TITLE: DOMINIC V. NAHANI (2026) LPELR-83001(CA)

JUDGMENT DATE: 29TH JANUARY, 2026

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Land Law.

FACTS:

This appeal is against the judgment of the High Court of Justice of Adamawa State sitting at Mubi in its appellate jurisdiction.

The Appellant was the Plaintiff at the Trial Madagali Area Court No. 2, Shuwa, of Adamawa State, where the Appellant sued the Respondent who was the Defendant, for Declaration of Title to Land, which he inherited same from his great grandfather – Audi.

At the trial Area Court, both the Appellant and the Respondent called Three (3) Witnesses each respectively and the Trial Court made a visit to locus in quo during which the Appellant and his Witnesses were present as well as the Respondent. The Trial Area Court entered Judgment in favor of the Appellant which and being dissatisfied with the Judgment of the Trial Area Court, the Respondent appealed to Upper Area Court Michika of Adamawa State which the Upper Area Court Michika affirmed the Judgment of the Trial Area Court.

The respondent appealed to the appellate High Court where the Judgment of the Trial Area Court Shuwa No. 2 and Upper Area Court Michika were set aside for failure of the Appellant to prove his case. The Appellant appealed filed this instant appeal.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on this sole issue:

“Whether the High Court of Justice Adamawa State sitting at Mubi, was right to have set aside the judgment of the Trial Shuwa Area Court No. 2 which was affirmed by the Upper Area Court Michika.”

DECISION/HELD:

The appeal was allowed.

RATIOS:

APPEAL- GROUND(S) OF APPEAL: Whether a respondent who has not cross-appealed or filed a respondent notice can raise issues not related to the grounds of appeal filed by the appellant; effect of same
COURT- APPELLATE COURT: Duty of an appellate Court when hearing appeals from an Area Court
COURT- DUTY OF COURT: Duty of an appellate Court to limit/confine itself to the issues that are properly raised before it
EVIDENCE- PROOF OF TITLE TO LAND: Whether a party who pleads traditional title can also rely on acts of possession and ownership
EVIDENCE- PROOF OF TITLE TO LAND: Ways of proving title/ownership of land/house
LAND LAW- TITLE TO LAND: Position of the law where there are competing claims to title to land