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TIAMIYU ALIMI V. OLADEJO AYINDE

(2004) JELR 57743 (CA)

Court of Appeal  •  CA/I/26/2001  •  4 May 2004  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA (Presided) VICTOR A. OYELEYE OMAGE JCA (Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE JCA

Judgement

OMAGE JCA (Delivering the Lead Judgment): This is an appeal from the appellate High Court of Justice which sat at Iwo in Osun Judicial Division. The appellate High Court had sat to determine the appeal from the Magistrates’ Court which sat on appeal over the decision of the grade C, Customary Court, which held at Apomu, Osun State. In the High Court sitting in an appellate jurisdiction over the decision of the Magistrates’ Court, the respondent in this appeal had appealed to the said High Court because he was dissatisfied with the decision of the Magistrates’ Court which confirmed the decision of the Customary GradeCourt. The flow of the facts in the appeal will be apparent if before I record the judgment of the appellate High Court, I state first the judgment of the grade C, Customary Court, which was confirmed by the appellate Magistrates’ Court. The facts preceding the judgment in the Grade C, Customary Court is as follows; the now respondent in this appeal was the plaintiff in t…

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