(1989) JELR 39888 (SC)    

Supreme Court  ·  SC.117/1987 ·  9 May 1989 ·  Nigeria
Other Citations
Akanbi v. Alao (1989) NWLR (Pt.108)118 (1989) A.N.L.R 424 Akanbi v. Alao (1989) 5 S.C. 1
Akanbi v. Alao (1989) 3 NWLR (Pt. 108) 118
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
Core Terms Beta
appeal no.kws
supreme court
lower court
lawyer adeyinka adeoye
suit no.kws
trial court
fresh evidence
alhaji yahaya jaju
high court
edun street
court of appeal rules
upper area court
matter of fact
exhibits ca
first defendant
jaju gbagede
said land
decision of the high court
ruling of the court of appeal
statement of claim
tender judgments of ilorin high court
ajani bale jaju gbagede
alhaji a. aliyu
appellate session of the ilorin high court
case no. kws
case no.uaci
customary owners of a parcel of land
high court of justice
ilorin high court of appeal
judgment of the ilorin high court
judgment of the upper area court
kwara state of nigeria
leading judgment
legal effect
lordship honourable mr. justice la
main issues
number of grounds of appeal
said ajani bale jaju gbagede
such leave
supreme court of nigeria
virtue of the judgment of the supreme court

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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