Udza Uor & Ors. V. Paul Loko (1988)

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B. WALI, J.S.C. 

On 18th February 1988 an application filed by learned counsel for the Appellants for leave to argue a ground of appeal raising an issue for the first time was argued. Ruling was then reserved by me to today. I now give my Ruling.

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.

With the Notice of Appeal filed by the Appellants and dated 23rd January 1987, the following only ground of appeal was filed-

GROUND OF APPEAL:

The Court of Appeal erred in law in upholding the judgment of the High Court of Benue State and of the Grade 1 Area Court of Lessel, Benue State.

Particulars of Error

(i) The declaration of title granted in favour of the Respondent is inconsistent with the provisions and requirements of the Land Use Act, 1978.

(ii) The said declaration does not reflect the occupational rights of the Appellants as found by the Courts and as recognized by the Land Use Act, 1978.”

Realising that the issue raised in the ground of appeal is being raised for the first time, learned counsel for the Appellants filed in this Court on 6th November 1987, a Motion on Notice praying for-

”(1) An order granting all amendment to the Appellants brief filed on 14th July 1987 by substituting it with the brief filed on Friday 19th October, 1987;

(2) Leave to argue fresh grounds of appeal contained in the notice of appeal to this Honourable Court and stated in the Schedule to this application.”