LEGAL PRINCIPLE: APPELLATE PRACTICE — Jurisdiction of Court of Appeal from Customary Court of Appeal — Requirement that Appeal Raise a Question of Customary Law
PRINCIPLE STATEMENT
An appeal to the Court of Appeal from the Customary Court of Appeal must be limited to a complaint with respect to a question of customary law. In the absence of such a ground, the Court of Appeal has no jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Tiza & Anor v. Begha (2005) NLC-1152000(SC) at p. 11; Paras A–B.
"Accordingly an appeal to Court of Appeal from the decision of the customary Court of Appeal must be limited to a complaint with respect to a question of customary law and in the absence of a complaint by a ground or grounds of appeal raising the issues of customary law, the Court of Appeal would appear to have no jurisdiction to adjudicate on the matter."
EXPLANATION / SCOPE
Appeals from Customary Court of Appeal to Court of Appeal require a question of customary law. Without such a ground, jurisdiction is lacking. The principle applies to appellate practice.