CASE TITLE: SULEIMAN & ORS v. KASIM & ORS (2026) LPELR-84235(CA)
JUDGMENT DATE: 22ND JUNE, 2026
PRACTICE AREA: CUSTOMARY LAW
LEAD JUDGMENT: ABDU DOGO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the jurisdiction of the Customary Court of Appeal.
FACTS:
This appeal is against the judgment of the Customary Court of Appeal, Kogi State, delivered on 30th March, 2023, Coram: I. A. Jibril, L. N. Animoku and C. E. Toluwase, JJCCA which allowed the appeal of the present Respondents, set aside the decision of the Upper Area Court 1, Lokoja delivered on 14th April, 2022, and entered judgment in favour of the Respondents.
The Respondents, as Plaintiffs before the trial Court, commenced the action in a representative capacity for themselves and on behalf of the entire Kapu Community of Kupa District, Lokoja Local Government Area of Kogi State, by an Amended Civil Summons dated 31st May, 2017.
The present Appellants, who were Defendants before the trial Court, denied the Plaintiffs’ claims, and filed a Counter-Claim.
In proof of their case, both parties led evidence rooted in traditional history, acts of ownership, possession and boundary delineation in support of their respective claims over the disputed land.
During the proceedings, the trial Upper Area Court visited the locus in quo on 12th January and 1st February, 2022, respectively. At the close of evidence, the Upper Area Court I, Lokoja delivered its judgment on 14th April, 2022, dismissing the Plaintiffs’ claims in their entirety while granting the Defendants’ counter-claim.
Aggrieved by the decision, the present Respondents appealed to the Customary Court of Appeal, Kogi State. In its judgment delivered on 30th March, 2023, the Court allowed the appeal, set aside the judgment of the trial Court together with the consequential orders made therefrom, and substantially granted the claims of the present Respondents.
The Appellants, being dissatisfied with the said judgment, appealed.
ISSUES FOR DETERMINATION:
The Court considered a sole issue, thus:
(1) Whether the Court below, based on the applicable laws, was right to have assumed jurisdiction over the appeal, which was not on question of customary law.
DECISION/HELD:
The appeal was allowed and the judgment of the Customary Court of Appeal was set aside for lack of jurisdiction.
RATIOS:
- COURT- JURISDICTION: Importance of jurisdiction and effect of proceedings conducted where Court lacks jurisdiction
- COURT- JURISDICTION: Where does a Court derive its jurisdiction
- COURT- COURT OF APPEAL: Duty of the Court of Appeal as a penultimate Court to consider all issues placed before it on the merit; exception(s) thereto
- CUSTOMARY LAW- QUESTION OF CUSTOMARY LAW: What amounts to a question of customary law
- CUSTOMARY LAW- QUESTION OF CUSTOMARY LAW: How to determine whether an appeal raises questions/issues of customary law
- JURISDICTION- JURISDICTION OF THE CUSTOMARY COURT OF APPEAL: Extent of the jurisdiction of the Customary Court of Appeal
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