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ALHAJI ISHOLA ARE OGELE V. ALHAJI ALERU DARE

(2008) JELR 48892 (CA)

Court of Appeal  •  CA/IL/1/2007  •  9 Jul 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; SONTOYE DENTON-WEST JCA; JUMMAI HANNATU SANKEY JCA;

Judgement

SOTONYE, DENTON-WEST, JCA (Delivering the Leading Judgment): This is an appeal brought by the Appellant against the decision of Hon. Justice A.O. Bamigbola, delivered on 20th day of June 2006, in Suit NO. KWS/60/2001, in the High Court of Justice, Ilorin, rendered in favour of the Respondent.

In the Court below, the Appellant was the Plaintiff /Applicant while the Respondent was the Defendant/Respondent.

In the appeal, the Appellant appealed against the ruling of the Lower Court earlier referred to wherein Bamgbola J. after taking evidence in a contempt proceeding against the Respondents, dismissed the Appellant's contempt proceedings brought against the Respondent holding, inter-alia, that the Appellant has not proved a case of contempt to order of Court beyond reasonable doubt, holding thus: "In the result, I am of the considered opinion that the Judgment Creditor has not only failed to prove that the Judgment Debtor by himself or through his workmen went to the land in dispute in …

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