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CHIEF RUFUS OMOTOSHO & ORS. v. IFE NORTH LOCAL GOVERNMENT

(2009) JELR 33661 (CA)

Court of Appeal  •  CA/I/88/06  •  3 Jun 2009  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA;

Judgement

ISTIFANUS THOMAS, J.C.A (Delivering the Leading Judgment): The appeal is against the decision of High Court of Justice, Osun State, delivered on 15th June, 2004 by G. E. Oladoke (J) in which the plaintiffs but now appellants claim was dismissed. Being dissatisfied with the decision, the appellants filed within time, their notice of appeal containing seven (7) grounds from which they have raised 2 issues for determination. They read thus:-

"1. Whether the court was right in dismissing plaintiffs claim when faced with the unchallenged evidence of the plaintiff as the case was solely based on trespass, possession has not been proved satisfactorily by the plaintiff as to entitle them to have judgment.

2. Whether the court was right in hobbling that the plaintiffs had to prove all the five points listed in the case of IDUNDUN V. AKUMAGBA (1976) 9 and 10 SC when in law, such points are not cumulative and in any event, the claim is basically and essentially was trespass when possession had …

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