What Is Expected of a Party Alleging Miscarriage of Justice by Reason of a Delay in The Delivery of Judgment?

CASE TITLE: PAM v. LUGUJA & ORS (2025) LPELR-80312(CA)

JUDGMENT DATE: 11TH FEBRUARY, 2025

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: ABIODUN AZEEM AKINYEMI, 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 Plateau State, holden at Jos, delivered on the 29th day of September 2023 by his lordship David G. Mann Chief Judge

The land in dispute is situate and lying along Bukuru-Jos Road, Jos, Plateau State. The original claimant and father of the appellant DA (Dr) Victor Dung Pam claimed to have bought it in three different pieces or parcels from different families namely all of Gafang Gyel and Gyang Mang of Lo Gwon Gyel who were described as the original owners. After the purchase, he applied to the 4th respondent for the issuance of a certificate of occupancy which was still being processed at the commencement of this suit. He claimed that the 1st to 3rd respondents trespassed on the subject land. On the other hand, each of the respondents claimed to have purchased their respective parcels in 2001 from other families who they also referred to as the original/traditional owners. 1st and 2nd respondents claimed to have bought theirs from the Lokarang Family of Zawan, while the 3rd respondent claimed to have bought his from the Lakan (or Lokan family) of Zawan which is said to also be a part of Lokarang Family. The titles of the vendors on both sides are based on customary inheritance.

 At the trial, the appellant called six (6) witnesses, the 1st respondent called five (5) witnesses, the 2nd and 3rd respondents testified for themselves and called no additional witness, while the 4th respondent did not call any witness, though it filed a Statement of Defence. It also did not file a final address at the end of hearing at the trial Court. After trial, a visit to the locus in quo was conducted before adoption of final addresses. Final addresses were adopted more than 10 months thereafter.

The trial judge dismissed the claims of the appellant for declaration of title, perpetual injunction, mandamus and damages for trespass, while granting the counterclaims of the 1st, 2nd and 3rd respondents for declaration of title, perpetual injunction and damages for trespass.

Dissatisfied with the judgment, the appellant brought the instant appeal.

ISSUES FOR DETERMINATION:

The Court adopted the issues formulated by the appellant in the determination of the appeal, thus:

1. Whether by the evidence adduced at the lower Court, the Appellant is not entitled to judgment.

2. Whether the trial Court was right in its holding that the counter-claim of the Respondents has been proved.

3. Whether the judgment of the trial Court delivered outside the ninety days timeline after conclusion of evidence and final addresses has not occasioned a miscarriage of justice to the Appellant.

DECISION/HELD:

In conclusion, the Court dismissed the appeal.

RATIOS:         

• EVIDENCE- TRADITIONAL EVIDENCE/HISTORY: Effect of failure of a party relying on traditional evidence to sufficiently plead and prove root of title
• JUDGMENT AND ORDER- DELIVERY OF JUDGMENT: Time frame within which judgment of the court must be delivered and the effect of judgment delivered outside the time frame; What is expected of a party alleging miscarriage of justice by reason of a delay in the delivery of judgment
• JUDGMENT AND ORDER- DELIVERY OF JUDGMENT: Instance(s) where delay in delivery of judgment will not occasion a miscarriage of justice
• LAND LAW- DECLARATION OF TITLE TO LAND: Duty of a Plaintiff where claim for declaration of title to land is based on inheritance
• LAND LAW- DECLARATION OF TITLE TO LAND: What a party seeking for a declaration of title to land and relies on traditional history as proof of his root of title must plead
• LAND LAW- IDENTITY OF LAND: Effect of failure to prove identity of land

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