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

appellant's appeal

honourable court

order of this honourable court

said ground

1st issue

area court

circumstances of this case

decision of the high court

evidence of either mistake of facts

high court of justice ilorin

judgment of the high court of justice

judgment of the trial court

mistake of facts

claim of the plaintiff

considered judgment

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…

AMORI V. IYANDA

AMORI
V.
IYANDA