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JIMOH GARUBA V. ISIAKA YAHAYA

(2007) JELR 44079 (SC)

Supreme Court  •  SC.84/1999  •  26 Jan 2007  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; UMARU ATU KALGO JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

S. A. AKINTAN, J.S.C (Delivering the Leading Judgment): The appellant, as plaintiff, commenced this action at Omu-Aran Upper Area Court in Kwara State in a representative capacity against the respondent, also in a representative capacity. His claim was for declaration of title to a parcel of land lying and being at Sapati Oloko Nla Osin in Asa Local Government Area of Kwara State. The claim was not admitted by the defendant and as such the parties led evidence in support of their rival claims. To that end, the plaintiff (now appellant) called four witnesses while the defendant (now respondent) called seven witnesses. At the close of evidence for the defence, the trial court visited the locus In quo before delivering its reserved judgment.

The plaintiff's case was that the land in dispute belonged to the plaintiff's fore-father, Oladejo, a son of Afonja. Oladejo was said to have settled on the land which started from Osin Budo Are where he first settled and extended his farming land up…

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