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CHIEF J.I. ILEDARE V. J.O. AJAGBONNA

(1997) JELR 45488 (SC)

Supreme Court  •  SC.310/1990  •  6 Jun 1997  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Appearances
A. Ayanniyi (with him, A.S. Abimbola) For Appellant J.O. Ijaodola, Esq. For Respondent

Judgement

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): In the Yagba Area Court Grade 1 holden at Isanlu, Kwara State the plaintiff for himself and as representing Ere Community in West Yagba claimed from the Kati family of Egbe also in West Yagba and represented by the defendant on record "a parcel of land belonging to Ogbagbo family in Odo-Ere situate between Lawiri River and Okuta gigiri hill on both left and right of the Federal Road Kabba -Ilorin and between Odo-Ere and Egbe township."

The Yagba Area Court Grade I after carefully reviewing and evaluating the evidence led by both parties held as follows:

"From the facts above we are satisfied that the plaintiff was able to establish ownership of the land in dispute as the land of Odo-Ere and therefore the land between Lawiri river and Okutagigiri between Odo-Ere town and Egbe town is awarded to the plaintiff (Odo-Ere Community)."

The defendant who was aggrieved by the decision of the Yagba Area Court Grade 1 appealed to the Upp…

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