The Court of Appeal, Makurdi Division, presided by Justice Isah Bature, has struck out the Notice of Appeal filed by Agagbe Gbishe and two others (appellants) challenging the judgment of a Makurdi High Court in a 7-year land dispute with the family of Ande, at Mbagba, Mbasombo, Gwer East Local Government Area (LGA). The appeal was struck out for being fundamentally defective and incurable.
Marked as CA/MK/23/2024, the appeal was filed after the lower court dismissed the case for lacking in merit.
Delivering the ruling, Justice Bature aligned with the submission of the defence counsel, Vanen Antom, affirming that the appellants failed to seek leave of the court, which is mandatory before filing the appeal.
Despite the prayer by the appellants’ counsel, A.D Anoju, for the amendment of the Notice of Appeal to correct the error, Justice Bature held that the issue is fundamentally defective and cannot be cured by amendment.
He maintained that any notice of appeal that does not contain the relief sought amounts to putting nothing into something, and the same cannot stand.
It could be recalled that the lower court had declared ownership of the disputed land in favour of the seven respondents led by Shima Anger, prompting the appeal.
