JOSEPH OLUSANMI V. DAYO HENRY OSHASONA

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): The trial of the action leading to this appeal commenced in the Divisional Area Court Grade 1 holding at Kabba then in Kwara State. The matter had been remitted by the Upper Area Court Lokoja to the Divisional Area Court Kabba for retrial, following a successful appeal by the defendant (now appellant) against the judgment of the Area Court that first tried the action. At the retrial before the Divisional Grade 1 Court evidence was led on both sides and the trial Court inspected the land in dispute. In a subsequent judgment it found for the plaintiff and awarded the land in dispute to him. The defendants being dissatisfied with that judgment appealed once again to the Upper Area Court Ilorin which Court allowed the appeal, quashed the decision of the trial Divisional Area Court, Kabba and ordered yet another rehearing before the Omu-Aran Upper Area Court, all in the then Kwara State. The plaintiff being aggrieved by this decisio…