"In determining whether or not grounds of appeal from the Area Court to the Customary Court of Appeal raise issues of customary law, the Court is to carefully read the grounds of appeal and their particulars to understand their thematic thrust for it is the grounds of appeal that give jurisdiction to an appellate Court. See Customary Court of Appeal Edo State v. Aguele supra. In the case of Pam v. Gwom (2000) 2 NWLR (Pt. 644) 322, 335-356, quoted in Hirnor v. Yongo (2003) 4 SC (Pt. 11) 18, 31, Ayoola, JSC, stated that, "I venture to think that a decision is in respect of a question of customary law when the controversy involves a determination of what the relevant customary law is and the application of customary law so ascertained to the question in controversy. Where the parties are in agreement as to what the applicable customary law is and the customary Court of Appeal does not need to resolve any dispute as to what the applicable customary law is, no decision as to any question of customary law arises. However, where notwithstanding the agreement of the parties as to the applicable customary law, there is a dispute as to the extent and manner in which such applicable customary law determines and regulates the right, obligation or relationship of the parties having regard to the facts established in the case, a resolution of such a dispute can, in my opinion be regarded as a decision with respect to a question of customary law. Where the decision of the Customary Court of Appeal turns purely on facts or on question of procedure, such decision is not with respect to a question of customary law, notwithstanding that the applicable law is customary law." From the foregoing, it can be stated that in determining whether or not grounds of appeal raise questions of customary law the following considerations will come into play; (i) when the ground of appeal involves a determination of what the relevant customary law is or ascertainment of what the relevant customary law is and the application of the same to the question in controversy, a question of customary law is raised; (ii) where there is an agreement between the parties as to what the applicable customary law is, and the Customary Court of Appeal is not called upon to resolve any dispute as to what the applicable customary law is, there is no question of customary law raised; (iii) where the ground raises a dispute as to the extent and manner in which such an agreed and applicable customary law determines and regulates the right, obligation or relationship of the parties having regard to the facts established in the case, there is a question of customary law raised; (iv) where the ground of appeal raises purely question of facts (not of the applicable customary law) or question of procedure, it does not raise a question of customary law though the applicable law is customary law." In CUSTOMARY COURT OF APPEAL BENUE STATE v. ABURA TSEGBA & ORS Suit No; CA/J/156/2010 Per EKANEM, J.C.A. (Pp. 20-22, Paras. E-E)