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AMUDA & ORS
V.
BAMIGBOYE & ORS

(2018) JELR 38372 (CA)

Court of Appeal 29 Jun 2018 Nigeria
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Case Details

Suit Number:CA/IL/44A/17
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria
Counsel:Funsho D. Lawal, SolicitorGeneral of Kwara State For Appellant J.S. Bamigboye, (SAN) with him, T.K. Abdullahi, U.K. Belgore, B.A. Oni and A.T. Smith - for 1st - 6th Respondents.Tosin Alawode, Esq.- for 7th Respondent with him, Abdulrasaq A. Daibu, Esq., Ayokunle Olufade, Esq. and Cletus Uduma, Esq. For Respondent

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The High Court of Kwara State, presided over by E.B. Mohammed, J, in its judgment delivered on 15th December, 2016 refused the appellants preliminary objection but, granted the relief for an order of certiorari to quash the proceedings and decision of the Kwara State Boundary Committee in favour of the 1st - 6th Respondents. The Appellants were dissatisfied with the decision, thus this appeal.

The background facts are that Iwo-Isin and Odo-Eku-Isin share common boundaries in Isin Local Government Area of Kwara State which has resulted in a series of disputes between the two communities. The Iwo-Isin Community petitioned to the Kwara State Boundary Committee, said to be a hybrid of the Local Boundary Settlement Law of Kwara State, a body statutorily empowered to determine and settle to finality boundary disputes in the State. The boundary dispute between the two communities became a subject of consideration by the State Boundar…

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