ALIMI
V.
AYINDE

(2004) JELR 57743 (CA)    

Court of Appeal  ·  CA/I/26/2001 ·  4 May 2004 ·  Nigeria
CORAM
SAKA ADEYEMI IBIYEYE JCA (Presided) VICTOR A. OYELEYE OMAGE JCA (Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE JCA
Core Terms Beta
land
defendant
court
plaintiff
evidence
respondent
appeal
customary court
issues
appellate high court
exhibit a
gradecustomary court
high court
appellate court
trial customary court
preponderance of evidence
appellate chief magistrates’ court
decision of the magistrates
lower court
magistrates’ court
said farmland
1st side
appellate magistrates’ court
judgment of the appellate high court
lead judgment
traditional evidence
weight of evidence
appellate high court of justice
appellate jurisdiction
chief ajisola of alaponu
court order
cross-examination
customary court members
decision of the customary gradecourt
decision of the grade c
flow of the facts
grounds of appeal of the plaintiff
issue of judgment
judgment of the grade c
learned counsel
lower court’s decision
plaintiff’s father
root of title
said farms
tendered exhibit b
testimony of the defendant
value of exhibits a

OMAGE JCA (Delivering the Lead Judgment): This is an appeal from the appellate High Court of Justice which sat at Iwo in Osun Judicial Division. The appellate High Court had sat to determine the appeal from the Magistrates’ Court which sat on appeal over the decision of the grade C, Customary Court, which held at Apomu, Osun State. In the High Court sitting in an appellate jurisdiction over the decision of the Magistrates’ Court, the respondent in this appeal had appealed to the said High Court because he was dissatisfied with the decision of the Magistrates’ Court which confirmed the decision of the Customary GradeCourt. The flow of the facts in the appeal will be apparent if before I record the judgment of the appellate High Court, I state first the judgment of the grade C, Customary Court, which was confirmed by the appellate Magistrates’ Court. The facts preceding the judgment in the Grade C, Customary Court is as follows; the now respondent in this appeal was the plaintiff in t…

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