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CHIEF ISRAEL OPAWOLE v. LAWAL TUNBI

(2003) JELR 44917 (CA)

Court of Appeal  •  CA/IL/40/2001  •  9 Jun 2003  •  Nigeria

Coram
PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA; JA'AFARU MIKA'ILU JCA;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice in appeal No. KWS/8A/85 delivered on Tuesday, the 12th day of November, 1985 Coram T.A. Oyeyipo CJ; D.A, Adeniyi J and J.A. Fabiyi J. (as he then was), in which it set aside the judgment of the Upper Area Court I, Ilorin, and restored the judgment of the trial Area Court Grade II Erin Ile which dismissed the claim.

This case has a protracted history starting from sometime in 1956, in the Emir's court Ilorin. It involves a dispute over the ownership of a piece or parcel of land situate in Kwara State. In 1956, the present parties predecessors-in-title contested the ownership of the land in dispute and the Emir's court found that the land belonged to one Salami Olokoba, the predecessor in-title to the appellant (in this appeal). Exhibit D is the proceedings and judgment of that court.

Sometime in 1978, the respondent sued the appellant …

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