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DR. ABDULRASHEED ALANAMU V. YAKUB AGBO & ORS.

(2012) JELR 35011 (CA)

Court of Appeal  •  CA/IL/26/2011  •  26 Apr 2012  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; IGNATIUS IGWE AGUBE JCA; OBANDE FESTUS OGBUINYA JCA;

Appearances
O. J. Adesako Esq, with Chief J. A. Yusuf For Appellant S. O. Jimoh Esq. For Respondent

Judgement

TIJJANI ABDULLAHI J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State, High Court of Justice, holding at Ilorin delivered on the 30th March, 2010 by M. A. Akoja (J), wherein the Appellant's case was dismissed against the Respondents herein. In the judgment appealed against the learned trial Judge held inter-alia thus:

"It is to be remembered that the issue of declaration of title had been very well treated in this judgment and it has been held that the claimant failed to plead an prove by evidence the origin and title of his vendor, hence he has failed to prove a valid and better title against the defendants herein.

Accordingly, the case of the claimant failed and same is dismissed."

Aggrieved with the decision reproduced above, the Appellant approached this Court and expressed so by filing a Notice of Appeal containing seven grounds of appeal from which he distilled three issues for determination to wit:

"(i). Whether having regard to t…

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