AKANDE
V.
KURANGA

(2017) JELR 57792 (CA)    

Court of Appeal  ·  CA/IL/83/2016 ·  6 Jul 2017 ·  Nigeria
CORAM
CHIDI NWAOMA UWA JCA (Presided ) HAMMAAKAWU BARKA JCA (Read the Lead Judgment) BOLOUKUROMO MOSES JCA
Core Terms Beta
appellants
2nd respondents
counsel
trial court
statement of defence
baale of alegongo temidire
civil procedure
counter-claim
share district
native law
1st respondent
1st defendant
statement of claim
amended statement of defence
evaluation of evidence
kwara state
lower court
1st appellant
attitude of appellate court
customs of alegongo temidire
2nd respondent
3rd respondents
duty of trial court therefor
joinder of the olupako of share
order of the trial court
original process
primary duty of trial court
amended statement of defense
appellants’ amosa family
ascription of probative value
baale alengogo temidire
determination of this case
evidence of the parties
face of the contents of exhibit d18
lead judgment
real issues
related argument
said amended statement of defence
statement of defense
such order
view of the evidence
aidoko onuche
briefs of argument
claim fails
declaration of the 2nd respondent
distinct indication of appeal
high court of kwara state
learned trial judge
legal consequences of issues
purported amended statement of defence

HAMMAAKAWU BARKA JCA (Read the Lead Judgment ) BOLOUKUROMO MOSES JCA

CA/IL/83/2016 THURSDAY, 6 JULY 2017

ACTION - Counterclaim - Nature of - Where contained in a statement of defence - Need for distinct indication of APPEAL - Evaluation of evidence - Duty of trial court therefor Proper approach thereto - Findings of fact - Onus on to show how arrived at - Attitude of appellate court to APPEAL - Evaluation of evidence and ascription of probative value to - Primary duty of trial court thereto - How discharged EVIDENCE - Evaluation of evidence - Duty of trial court therefor Proper approach thereto - Findings of fact - Onus on to show how arrived at - Attitude of appellate court to EVIDENCE - Evaluation of evidence and ascription of probative value to - Primary duty of trial court thereto - How discharged JUSTICES AND ORDER - Evaluation of evidence - Duty of trial court therefor - Proper approach thereto - Findings of fact - Onus on to show how arrived at - Attitude of appellate court to PL…

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