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(2021) JELR 109526 (CA)

Court of Appeal  •  CA/IL/98C/2018  •  12 Feb 2021  •  Nigeria

Ahmad Olarewaju Belgore, JCA Uchechukwu Onyemenam, JCA Ibrahim Shata Bdliya, JCA


UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling of the High Court of Kwara State sitting at Ilorin, delivered on 24th April, 2018, in suit No: KWS/29C/2017 wherein the learned trial Judge M. O ADEWARA ruled against the Appellant herein as follows:

“I am of the view that the issue of whether the complainant Olayiwola Kazeem has a valid title to the house, the subject matter of this case is to be borne out by evidence.

​And since hearing in this case has not commenced, I hold that it is useless and time wasting going into the issue at this stage is not whether the accused person is guilty of the offence charged, but whether the facts before the Court reveal not only an offence but a prima-facie connection between the offence and the accused whereby the accused can be called to make an explanation at the trial. Perhaps, it is necessary to point out that an objection by the accused at this stage that no prima-facie case has been made out aga…

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