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DR. P. O. LAWAL v. ALH. ABDULKADIR ALIYU

(2014) JELR 36162 (CA)

Court of Appeal  •  CA/IL/16/2014  •  12 Nov 2014  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; CHIDI NWAOMA UWA JCA; MUSA HASSAN ALKALI JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Kwara State, presided over by M. Abdulgafar, J, delivered on 30th, September, 2013, wherein the learned trial judge ordered a non-suit against the claimant/appellant's suit.

Dissatisfied with that decision, the appellant herein resorted to appealing by filing a notice of appeal premised on the following five grounds:

1. The learned trial judge erred in law in holding that "while I do not agree with Mr. Ibrahim that the application is an abuse of process, I do agree that it amounts to an attempt to overreach the defendant and on that score the application ought not to be granted. I therefore refuse the application of the claimant to admit the Certified True Copy of the conveyance dated 15th July, 1977."

2. The learned trial judge erred in law in holding that "although I have found that the claimant bought the land from the defendant, there is no evidence before the court …

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