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ISAAC OLUWAGBEMI v. CHIEF THEOPHELUS AJAYI

(2007) JELR 47190 (CA)

Court of Appeal  •  CA/I/15/04  •  12 Jul 2007  •  Nigeria

Coram
MUSA DITTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA; ALFRED PEARSON EYEWUNMI AWALA JCA;

Judgement

ALFRED P. E. AWALA, J.C.A. (Delivering the Leading Judgment): This is an appeal solely based on the issue of jurisdiction. It emanates from the decision of Olawoyin J. of the High Court of Justice of Osun State of Nigeria holden at Ilesa in Suit No. HIL/1A/01 whereby he dismissed an appeal filed by the Defendant/Appellant against the decision of L. O. Orojo Esq, a Magistrate Grade II, sitting as an Appellate court at Ilesa and whereat he, the Magistrate, dismissed an appeal filed by the Defendant/Appellant against the judgment of the lower trial court, an Ibokun Grade 'C' Customary Court holden at Ibokun in Obokun Local Government Area of Osun State of Nigeria.

The claims of the Plaintiff/Respondent before the trial court read:

"(1) Declaration of title to a piece of farm land situate and being at Orisunbare/Oro Village, Osogbo road, Idominasi.

(2) Injunction restraining the Defendant, his wife, agents, servants or privies from further trespassing into the said farm land. The said far…

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