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MORUFU AJIBADE AJAYI v. MR. BASIRU OGUNTOWO & ANOR

(2017) JELR 38043 (CA)

Court of Appeal  •  CA/I/174/2008  •  2 Feb 2017  •  Nigeria

Coram
CHINWE EUGENIA IYIZOBA JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court of Justice, sitting at Eruwa in the Ibarapa Judicial Division, delivered by M. L. Abimbola, J (as he then was) on the 27th day of February, 2007.

The Appellant herein, had instituted an action against the 1st Respondent and one other, before the Grade C Customary Court, Oja-Oba, Igboora in case No. 39/44/2006, claiming for trespass to certain parcel of land. The trial Customary Court, after taking evidence, gave judgment in favour of the Appellant on record. Being aggrieved by that decision, the 1st Respondent on record, filed an Exparte Application before the High Court of Oyo State, sitting at Eruwa seeking for:

Leave to apply for an order of certiorari to remove into this Honourable Court for the purpose of being quashed, the proceeding and judgment of the Igboora Grade C customary Court, Igboora, Oyo State, delivered on the 6th July, 2006 in the followin…

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