By Henry Ibya, Makurdi
Customary Court of Appeal Makurdi, presided over by Justice Cecilia Bakare has set aside the judgement of Grade One Area Court Akpagher, Mbatiav in Gboko local government area of Benue State in favour of one Mkenga Abena and declared Titus Atondu, State Correspondent of Nigeria NewsDirect as the rightful owner of the disputed land in Mbaanue, Mbaavarakaa District of Gboko local government area of the State.
Delivering Judgement in Makurdi in the appeal filed by Titus Atondu against Mkenga Abena, the appeal panel headed by Justice Bakare assisted by Justices Michael Ugar and Fidelis Iortyer described as miscarriage of Justice by the lower court by entering Judgement in favour of the respondent where it was clear through evidence that the said piece of land belonged to Titus Atondu.
The appeal panel of justices unanimously agreed with the submission of the appellants counsel, Barrister Henry Nor that when parties submits themselves to the traditional arbitration panels for settlement of a dispute, such parties are expected to exhaust all hierarchies of such customary arbitration before reverting to court of law which the respondent fail to do.
They equally agreed with the appellant council’s submission that when parties willingly submit themselves to customary arbitration for settlement of dispute, all the resolutions arrived at are binding on them and referred to the customary arbitrations set aside by the lower court as valid.
Reacting, Titus Atondu described the judgement as sound, pointing out that the declaration of the learned justices has reaffirmed his confidence in the Nigerian judiciary as the last hope of the common man and expressed appreciation to God for the victory.
