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H.R.H. OBA JIMOH OYEBISI FASEYE v. ATTORNEY GENERAL AND COMMISSIONER FOR JUSTICE OSUN STATE & ORS

(2014) JELR 36389 (CA)

Court of Appeal  •  CA/AK/249/2013  •  30 Oct 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED A. DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision (Ruling) of J.O. Ogunleye J. of the Osun State High Court delivered on 4th October 2013 in the Ejigbo Judicial Division. The antecedent to the action which led to this appeal was a criminal matter charge No. MEJ/3C/2011 then at Ejigbo in the Ejigbo Magisterial District of Osun State. The charge, between the Commissioner of Police V. (1) Ajitena Isa Lawal (2) Adesina Asimiyu Isa Lawal was for unlawful entry into land and willfully destroying yams, palm trees and blocks contrary to section 81 and 451 of the Criminal Code of Osun State. In the course of the criminal trial, the prosecution tendered a previous judgment on a land matter in Suit No. HOG/19/86 and there arose the question of the relevance of the survey plans tendered by the parties in the said Suit No. HOG/19/86 to determine the extent of land owned by the contesting parties in suit No. HOG/19/96.

Meanwhile, in the same Ch…

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