The Customary Court of Appeal Makurdi presided over by Justice Cecilia Bakare has declared Mr. 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 and as well set aside the judgement of the Grade One Area Court Akpagher, Mbatiav in Gboko local government area of Benue State which had ruled in favour of one Mkenga Abena.
Delivering the Judgement in Makurdi in the Appeal filed by Mr. Titus Atondu against Mr. Mkenga Abena, the appeal panel headed by Justice Bakare assisted by Justices Michael Ugar and Fidelis Iortyer stated that the Lower Court erred by given judgement in favour of the respondent where evidence revealed that the land belongs to Mr. Titus Atondu.
All the Justices unanimously agreed with the submission of the Appellants Counsel, Barrister Henry Nor that when parties submit themselves to the Traditional arbitration panels for settlement of a dispute, she or he is expected to exhaust all hierarchies of such Customary arbitration before reverting to Court of Law which the respondent failed to do.
They justices also agreed with the appellant Counsel submission that when parties willingly submit themselves to customary arbitration for settlement of dispute, all the resolutions arrived at are binding on them and refered to the customary arbitrations set aside by the lower court as valid.
Again, Appeal Court Justices agreed with the Appellant’s Counsel submission that the Lower Court was completely wrong to have set aside the Customary arbitration which was in favour of the Appellant Mr. Atondu the real owner of the disputed land and accordingly granted all reliefs sought by the Appellant Counsel accordingly.