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AJIBOYE
V.
ISHOLA

(2006) JELR 56592 (SC)

Supreme Court 23 Jun 2006 Nigeria
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- The appellant, representing the Abidoye family, claimed ownership of land at Oke Maro, Amayo, but his claim was dismissed by the trial Upper Area Court, Omu-Aran, whose findings favoured the respondent’s historical account of first settle

Case Details

Suit Number:SC.385/2001
Judges:SYLVESTER UMARU ONU JSC (Presided) DAHIRU MUSDAPHER JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC WALTER S. NKANU ONNOGHEN JSC (Read the Lead Judgment) IKECHI FRANCIS OGBUAGU JSC
Counsel:A. F. Afolayan Esq. (with him, R. S. John Esq. and N. Tijani Esq.) - for the Appellant. -*- Akin Adewale Esq. (with him, T. S. Olaosebikan Esq.) - for the -*- Respondent.

ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal holden at Kaduna in appeal No. CA/K/140/94 delivered on 20th March, 1997. The facts of the case include the following: the appellant asplaintiff at the Upper Area Court, Omu-Aran, Kwara State claimed ownership of a piece or parcel of land measuring about eight square kilometres, situate at Oke Maro, Amayo for himself and as representing Abidoye family of Oke Maro. Both parties relied on history and gave traditional evidence of ownership and acts of possession. The action was initially instituted at the Area Court Grade 1, Ajase-Ipo, Kwara State which resulted in an appeal to the Upper Area Court No. 1, Ilorin and subsequently to the High Court of Kwara State holden at Ilorin. The said High Court ordered a retrial of the matter before the Upper Area Court No. 2, Ilorin which order was later varied upon an application by one of the parties for the retrial to be heard by the Upper…

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