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CHIEF G. O. OBATOYINBO & ANOR V. EMMANUEL TOBOLA OSHATOBA & ANOR

(1996) JELR 47519 (SC)

Supreme Court  •  SC.71/1990  •  7 May 1996  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment): This matter now on appeal to this Court has a chequered history. It originated in Iyara Area Court II where the title was:

"Sule Bakare-Iyamoye

vs.

(1) Samuel Oshatoba

(2) Otitonaiye Babalola - Ekinrin Adde"

After hearing evidence of both parties, the Court transferred the case to the Divisional Area Court Grade I, Kabba. The latter court too heard the evidence on both sides and, like the first court, transferred it to the Upper Area Court Lokoja for hearing and determination. The case was heard and determined by the Upper Area Court Lokoja. An appeal went to the High Court Lokoja which ordered a rehearing before the Upper Area Court, Omu-Aran. There was a hitch as a result of which the High Court directed that the case be transfered to the Upper Area Court Ilorin. As the assessor failed to show up at Ilorin, the case was again redirected to the Upper Area Court Omu-Aran which finally heard and determined it.

The Plaintiffs claimed b…

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