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MEMUDU AJIBOYE v. ALHAJI OLOYEDE ISHOLA

(2006) JELR 37415 (SC)

Supreme Court  •  SC.385/2001  •  23 Jun 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; DAHIRU MUSDAPHER JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Kaduna in appeal No. CNK/140/94 delivered on 20th March, 1997. The facts of the case include the following:

The appellant as plaintiff at the Upper Area Court, Omu-Aran, Kwara State claimed ownership of a piece or parcel of land measuring about eight square kilometers, situate at Oke Maro, Amoyo for himself and as representing Abidoye family of Oke Maro. Both parties relied on history and gave traditional evidence of ownership and acts of possession.

The action was initially instituted at the Area Court Grade 1, Ajase-Ipo, Kwara State which resulted in an appeal to the Upper Area Court No. 1, Ilorin and subsequently to the High Court of Kwara State holden at Ilorin. The said High Court ordered a retrial of the matter before the Upper Area Court No.2, Ilorin which order was later varied upon an application by one of the parties for the retrial to be heard by the U…

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