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ALHAJI KADIR AREMU EGUDU-OJA & ANOR V. SALAHU AJIBOYE & ORS

(2013) JELR 42180 (CA)

Court of Appeal  •  CA/IL/66/2011  •  26 Jun 2013  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; HUSSEIN MUKHTAR JCA; TIJJANI ABUBAKAR JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This Appeal emanates from the judgment of the High Court of Kwara State (coram M. AbdulGafar, J) delivered. On the 6th June 2011 granting the entire claims of the Respondents who were the claimants and dismissing the entire counter claims made by the Appellants who were the Defendants against the Respondents. The disgruntled Appellant's challenged that decision by filing a Notice of Appeal predicated upon ten (10) grounds as reproduced hereunder:-

GROUND ONE:

The trial court erred and misdirected itself in fact when it held inter alia that:

"...Notwithstanding the contradictions pointed out by Mr. Saka which are not the material (sic), I have found the evidence of claimants credible in this regard..."

GROUND TWO

The trial court erred in law and misdirected itself when it held that:

"...As for the Defendants I have also considered the evidence of DW1 - DW4 who testified that they are descendants of Ajayi Giwa and ObaOnifade who…

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