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ALHAJI AYINLA MUKADAM v. ALHAJI LAARO AKANBI

(2000) JELR 41010 (CA)

Court of Appeal  •  CA/IL/22/99  •  25 May 2000  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER S. N. ONNOGHEN JCA;

Judgement

OKUNOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the Kwara State High Court holden at Ilorin sitting in its appellate jurisdiction, coram T. A. Oyeyipo CJ, R. Elelu-Habeeb and M. A. Folayan J.J.C.A delivered on 29/10/97 wherein the court dismissed the preliminary objection attacking the jurisdiction of the court to entertain the motion for leave to appeal out of time filed on 15/10/97 by the Respondent on the grounds of being functus officio. The court proceeded thereafter to grant the application for leave to appeal and adjourned for the hearing of the appeal.

The facts of this case briefly put were as follows: This case involves land dispute that arose from Upper Area Court Ilorin in 1971. At the Ilorin trial Upper Area Court judgment was entered for the Appellant herein as Plaintiff and against the Respondent herein in the said judgment delivered on 17/11/94.

Being dissatisfied with that judgment, the Respondent herein appealed within time …

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