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IKYEREVE IORDYE v. TOR IHYAMBE

(2000) JELR 43976 (SC)

Supreme Court  •  SC.112/93  •  15 Dec 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; UTHMAN MOHAMMED JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): The appellant who was the plaintiff in Grade II Area Court of Tor -Danga Benue State, claimed against the respondent for a declaration of title to a piece of land situate at Udam Utange. After due hearing the trial court entered judgment for the plaintiff/appellant. The defendant/respondent appealed to the High Court which set aside the judgment of the Area Court on the ground that the court gave no consideration to the defendant/appellant's evidence and his witnesses and that the only reason for which the elders asked that the plaintiff/appellant be left on the land was that his mother was their daughter.

The plaintiff/appellant appealed to the Court of Appeal which after due hearing affirmed the judgment of the High Court. He has now appealed to this court against the Court of Appeal judgment.

In compliance with Order 6 rule 5(1)(a) of the Supreme Court Rules, 1985 (as amended) learned counsel for the appellant filed brief of argument …

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