ALHAJI BANI GAA BUDO NUHU V. ALHAJI ISOLA ARE OGELE

PATS-ACHOLONU, JSC (Delivering the Judgment): The appellant was the plaintiff who instituted an action in Ilorin Upper Area Court claiming a parcel of land from the defendant now the respondent. After hearing the parties that court gave judgment in favour of plaintiff i.e. appellant. The respondent appealed to the High Court and framed 8 grounds of Appeal. At the date the matter was set down for hearing he sought the leave of the court to file an additional ground of appeal making it up to 9 grounds. On that same date the respondent (as appellant therein) decided to argue only ground 9. This method or practice adopted by the respondent then was obviously opposed by the other party. The High Court overruled the appellant’s counsel but in a reserved judgment dismissed the appeal on that one ground and made no further mention of the other 8 grounds. The point in contention and adumbrated in the 9th ground was that the Upper Area Court gave its judgment in chambers and not in open co…