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MICHEAL ADEPETUN (For Himself And On Behalf Of Akinduro Family) V. HENRY AKINSANMI FASIMOYE & MICHEAL OLU FASIMOYE

(2022) JELR 109344 (CA)

Court of Appeal  •  CA/AK/86/2014  •  21 Jan 2022  •  Nigeria

Coram
Rita Nosakhare Pemu, JCA James Gambo Abundaga, JCA Yusuf Alhaji Bashir, JCA

Judgement

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Ondo State High Court sitting in its Appellate Capacity Coram D. I. Kolawole J. delivered on the 19th day of November, 2008 in respect of the decision of the Customary Court Ondo in Suit No: ODCC/270/1998 where the Appellant was the Plaintiff involving a declaration of title to a farmland situate, lying and being at Labedo Village via Ondo.

On the 2nd day of May, 2007 the Trial Customary Court Ondo in a considered judgment dismissed the Plaintiff/Appellant’s claim on the ground that the Plaintiff did not prove his case as required by law. The Trial Court awarded a cost of N2500 against the Plaintiff.

Not satisfied with the above decision the Appellant appealed to the High Court of Ondo State vide an Amended Notice of Appeal dated 26th June, 2008.

After listening to arguments from counsel to the respective parties, the High Court affirmed the decision of the Customary Court of trial a…

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