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ALHAJI ALABI AMUDA & ORS v. H.R.H. OBA (PROF.) EZRA B. BAMIGBOYE & ORS

(2018) JELR 38372 (CA)

Court of Appeal  •  CA/IL/44A/17  •  29 Jun 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The High Court of Kwara State, presided over by E.B. Mohammed, J, in its judgment delivered on 15th December, 2016 refused the appellants preliminary objection but, granted the relief for an order of certiorari to quash the proceedings and decision of the Kwara State Boundary Committee in favour of the 1st - 6th Respondents. The Appellants were dissatisfied with the decision, thus this appeal.

The background facts are that Iwo-Isin and Odo-Eku-Isin share common boundaries in Isin Local Government Area of Kwara State which has resulted in a series of disputes between the two communities. The Iwo-Isin Community petitioned to the Kwara State Boundary Committee, said to be a hybrid of the Local Boundary Settlement Law of Kwara State, a body statutorily empowered to determine and settle to finality boundary disputes in the State. The boundary dispute between the two communities became a subject of consideration by the State Boundar…

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