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AKANBI
V.
ALAO

(1989) JELR 39888 (SC)

Supreme Court 9 May 1989 Nigeria
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- The plaintiffs, relying on prior judgments confirming their title to land, obtained a judgment for damages and injunction against the defendants for trespass in the Ilorin High Court. The defendants, through counsel, elected not to presen

Case Details

Suit Number:SC.117/1987
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Wale Olanipekun, Esq. For Appellant O. Omodara For Respondent
Other Citations:Akanbi v. Alao (1989) NWLR (Pt.108)118 (1989) A.N.L.R 424 Akanbi v. Alao (1989) 5 S.C. 1, (1989) 3 NWLR (Pt. 108) 118

CRAIG, J.S.C. (Delivering the Leading Judgment): This is an appeal from a Ruling of the Court of Appeal, Kaduna, given on the 16th September, 1986, and the two main issues which arise for determination are:

(a) Whether the lower Court had jurisdiction under the Nigerian Constitution to grant the respondents leave to adduce fresh evidence and if it did,

(b) Whether the power to grant such leave had been exercised judiciously.

When this appeal came up for hearing on the 6th of February, 1989, the Court, after hearing oral arguments from Counsel, allowed the appeal and indicated that it would give reasons fordoing so today 5th May, 1989. I now give my reasons for agreeing that the appeal should be allowed.

The facts leading to the ruling arose from a judgment of the Ilorin High Court where the plaintiffs (appellants herein) had sued the defendants in Suit No.KWS/52/79 for:

"1. N10,000.00 (Ten Thousand Naira) being special and general damages for trespass committed by the defendant on t…

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