GOVERNOR OF KADUNA STATE & ANOR. V. DADA

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GOVERNOR OF KADUNA STATE & ANOR. V. DADA

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GOVERNOR OF KADUNA STATE & ANOR, V.

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DADA

1.

THE GOVERNOR OF KADUNA STATE

2.

THE A-G. KADUNA STATE

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APPELLANTS

V

A.A. DADA

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RESPONDENT

SUIT NO. SC 108/1985

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SUPREME COURT OF NIGERIA

BELLO,

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J.S.C.

ESO,

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J.S.C.

NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

KAZEEM,

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J.S.C.

KAWU,

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J.S.C.

OPUTA,

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J.S.C.

19th September, 1986

Practice and Procedure - Grounds of appeal on questions of law or mixed law

and fact - Appeal without leave, section 213(3), Constitution of the Federal

Republic of Nigeria, 1979 - Effect - Order striking out - Residue of grounds

of appeal consisting of complaint against a decision given in "cautela" as

respects an alternative relief sought by successful litigant (in case decision on

main relief fails on appeal) - Effect - Courts not to decide academic questions

when no issue is in controversy between parties.

Constitutional Law - "Existing laws" - Section 274(5), 1979 Constitution - The

Land Use Act - Constitutional validity of section 47 of the Act - Grounds

of appeal raising issues of constitutional law in circumstances where adjudication

thereon would be academic - Atitude of courts to.

Land Law - Right of occupancy - Revocation of - Land Tenure Law, Cap.59,

Northern Nigeria, section 34(2)(c) - Action for declaration of nullity and/or

compensation.

Interpretation of Statutes

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- Construction - S.34(2)(c), Land Tenure Law, Cap.

59, Northern Nigeria - Effect of sections 4 and 28 of the Land Use Act -

Effect - Whether abrogating Cap. 59.

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ISSUES:

1. Whether a ground of appeal raising questions of facts

simpliciter

or question

of mixed law and facts can be argued in the Court of Appeal or the Supreme

Court without compliance with section 213(3) of the 1979 Constitution.

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2. What is the effect of a ground of appeal arising from a misreading or

misapprehension of the decision appealed against?

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