Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AMORI
V.
IYANDA

(2007) JELR 39986 (CA)    

Court of Appeal  ·  CA/IL/8/2006 ·  26 Jun 2007 ·  Nigeria
CORAM
TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
respondent
appeal
court
consent judgment
appellant's counsel
lower court
high court
upper area court
court of appeal kaduna
grounds of appeal
respondent's counsel
appellate jurisdiction
notice of appeal
set aside
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honourable court
order of this honourable court
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1st issue
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evidence of either mistake of facts
high court of justice ilorin
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claim of the plaintiff
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decision of the upper area court no.
evidence of pw3
existence of exhibits
following reliefs
grant of the reliefs
ilorin suit no. uac
judges of the high court of kwara state
judgment of the plaintiff
justice oyeyipo cj
leading judgment
provisions of order
respondents counsel
rightful owner of the land
subject matter of the dispute
trial upper area court
upper area court no.1

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court in its appellate jurisdiction delivered on the 19th of October, 2004 by Hon, Justice Oyeyipo CJ, Hon, Justice J, F. Gbadeyan and Hon. Justice M. O. Adewara learned Judges of the High Court of Kwara State wherein the court dismissed the Appellant's appeal and upheld the decision of the Upper Area Court No. 1 Ilorin. The facts leading to this appeal are as follows:

In a Motion on Notice dated the 1st day of December, 2000, brought pursuant to the provisions of Order 5 Rule 1, Order 17 Rules 1, 2 and 3 of the Area Court (Civil Procedure) Rules 1971 and under Section 287 (1) of the 1999 Constitution, the Respondent prayed the Upper Area Court No.1, Ilorin Suit No. UAC/CVF/78/93: YAKUBU IYANDA v. MALLAM SAIDU AMORI and ORS for the following reliefs, to wit:

"(a) AN ORDER of this Honourable Court granting the Plaintiff/Applicant's leave to enforce and/or execute the…

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