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DEACON J.K. OSHATOBA & ANOR V. CHIEF JOHNSON OLUJITAN & ANOR

(2000) JELR 44014 (SC)

Supreme Court  •  SC.33/1994  •  18 Feb 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division which had on the 20th day of April. 1992 allowed the appeal of the plaintiffs from the decision of the appellate division of the High Court of Justice, Kwara State, holden at Okene.

The plaintiffs for themselves and as representing the people of Iffe had at the Divisional Area Court, Kabba instituted an action against the defendants for themselves and on behalf of the people of Ekinrin, claiming ownership of the piece or parcel of land situate between the Osun river and the other lands of the plaintiffs. The suit was subsequently transferred to the Upper Area Court, Lokoja by the Inspector of Area Courts, acting under powers conferred on him by virtue of the provisions of section 48(2) of the Kwara State Area Courts Law, 1967.

At the subsequent trial, both parties testified on their own behalf and called witnesses.

It is not in dispute that the plaintiffs an…

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