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SULE EYIGEBE v. MUSA IYAJI

(2013) JELR 35733 (SC)

Supreme Court  •  SC.216/2004  •  10 May 2013  •  Nigeria

Coram
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MUHAMMAD S. MUNTAKA-COOMASSIE JSC; SULEIMAN GALADIMA JSC; CLARA BATA OGUNBIYI JSC; STANLEY SHENKO ALAGOA JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The dispute which culminated into this appeal has a very long and chequered history. It is in respect of a parcel of land in Kogi State called 'Ikare Anama' situate at Ajaka Kogi State. It is very intriguing to also state that the dispute started about 1960 at Ajaka Area Court, and went up to the Supreme Court which judgment was handed down only in 1987 in which the present respondent as plaintiff was declared the owner of the land.

Following the judgment, the appellant in this appeal appeared to have accepted his position as a tenant to the respondent in accordance with the rights of the parties based on the judgment of the Supreme Court.

However, on the 21st December, 1999, the respondent instituted a suit No. CV. 194/99 at the Grade 1 Area Court Ajaka, Kogi State and claimed the following relief:-

"Enforcement of the Supreme Court of Nigeria (sic) in case No. SC. 232/1984 decided in favour of the plaintiff on 10th July,…

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