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SAMUEL UMORU V. DR. F. A. AKINYEDE

(2006) JELR 42358 (CA)

Court of Appeal  •  CA/IL/25/2004  •  28 Mar 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; TIJJANI ABDULLAHI JCA; HELEN MORONKEJI OGUNWUMIJU JCA;

Appearances
O. O. Ayenakin, Esq. For Appellant A. Ajibola, Esq. For Respondent

Judgement

OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Ekiti State holden at Ado Ekiti delivered by D. F. Babalola on the 30th day of July, 2003. Therein the court dismissed on all grounds the appeal filed by the appellant against the judgment of the Customary Court of Ado Ekiti holden at Ado Ekiti delivered on 26th of April, 2000.

The facts leading to this appeal as can be ascertained from the records of proceedings are as follows:

The appellant in this court and also the appellant in the lower court was employed to farm and harvest the respondent's family palm oil plantation situate at Omioloko farm via Igirigiri, Ado Ekiti.

He worked on the oil plantation from 1976 till 1995 when at a meeting of the family and in the absence of the family head the family decided to order him to vacate the farm. The family purportedly dispensed with his services because of allegations that he had been fighting, threatening people with cutlas…

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