(2012) JELR 49317 (CA)    

Court of Appeal  ·  CA/IL/35/2011 ·  17 May 2012 ·  Nigeria
TIJJANI ABDULLAHI (PJ) Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior counsel
1st respondent
learned trial judge
exhibit dw3
trial court
exhibit dw2
3rd defendants
1st defendant
supreme court
legal practitioner
3rd august
appellant of her interest
distinguishing features
decision of the learned trial judge
decisions of the supreme court
learned counsel
2nd respondent
paras a
preponderance of evidence
purported allocation of the said plot no.
support of this submission
wrong person
1st day of august
2nd head of counter claim
close of evidence
counsel j. o. baiyeshea
following cases
learned trial judge ought
letter of allocation ref
lower court
name olatayo adekeye
parcel of land
possession of the said plot
purported revocation of the claimant
statement of claim
suit no. kws
trial of the suit
valid reason

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice Kwara State holding at Ilorin in suit No. KWS/149/2005 delivered by Adewara (J) on the 22nd day of February, 2011 in which the learned trial Judge held that the claimant failed to prove her case on the preponderance of evidence and therefore dismissed same.

The Appellant was the Plaintiff/claimant in the Court below whilst the Respondents were the Defendants in that court. On the 1st day of August, 2005, the Appellant as Plaintiff/claimant through her counsel J. O. Baiyeshea (SAN) took out a writ of summons in the lower court in which the following reliefs were sought.

"1. Declaration of title to the parcel of land located at Tanke Area, Ilorin, Kwara State and properly described as plot 21, Block 28A, TPS/Misc. 124 and conveyed to the claimant by letter of allocation Ref: LAND/ARO/RES. 2402/Vol.1/5 dated 8th December, 2001.

2. A declaration that entry of th…

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