- Dashi vs. Satlong
- ₦ 200
Dashi vs. Satlong
COURT OF APPEAL
( JOS DIVISION )
ALOMA M. MUKHTAR, JCA ( Presided and Read the Lead Judgment )
OLUDADE OLADAPO OBADINA, JCA
ISA ABUBAKAR MANGAJI, JCA
23RD MAY 2002
APPEAL - Concurrent findings of lower courts
- When appellate court will disturb
COURT - Appellate court - When will disturb
concurrent findings of the lower courts
ESTOPPEL - Res judicata - Required principle of law for establishing
ESTOPPEL - Res judicata - Successful plea of - Effect
EVIDENCE - Onus of proof - On whom lies
EVIDENCE - Proof of ownership of land - One of the five ways of proving
LAND LAW - Ownership of land - Long possession as a way of proof
Whether from the available evidence on record including
exhibit â€˜Aâ€™ are the plaintiffâ€™s/appellants estopped by the principles of estoppel per res judicata from relitigating on the disputed land.
Is it correct to conclude in this case that the
plaintiffs/appellants are guilty of standing by in spite of the decision in
Whether the plaintiffs/appellants proved that the
defendants/ respondents are their customary tenants on the disputed land and if
they have proved their case, were they not entitled to the declaration sought?
Whether the defendants/respondents are not bound to
forfeit the disputed land to the plaintiffs/appellants.
commenced this suit against the defendants at the Upper Area Court of Plateau
State for a declaration of title to a piece of farmland. Plaintiffs alleged
that defendants are their customary tenants and have stopped complying with
their obligation of paying tribute to them as the customary landlord.
Defendants pleaded res judicata on
the ground that the subject-matter had been a subject of litigation in a
previous judgment referred to as exhibit A.
At the conclusion of hearing, the trial Area Court upheld the plea of res judicata and struck out the
Dissatisfied, plaintiff appealed to the
Customary Court of Appeal which also dismissed the appeal. Plaintiff further appealed
to the Court of Appeal.