(2007) JELR 44079 (SC)    

Supreme Court  ·  SC.84/1999 ·  26 Jan 2007 ·  Nigeria
Other Citations
Garuba v. Yahaya (2007) 3 NWLR (Pt.1021) 390 (2007) 1-2 S.C (Pt II) 262 (2007) 1-2 S.C (Pt II) 262
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
high court
court of appeal
upper area court
lower court
trial upper area court
omu-aran high court
appellate court
instant case
declaration of title
grounds of appeal
appellate courts
decision of the omu-aran high court
exhibits p1
entire evidence
supporting evidence
decision of the upper area court
different inferences
omu-aran upper area court
parcel of land
decision of the court of appeal
great grandfather
leading judgment
local government area of kwara state
whole area
wrong inference
close of evidence
copy of the lead judgment
evaluation of the entire evidence
farming land
findings of facts
judgment of the trial upper area court
kwara state
main attack of the lower court
nearby area
preponderance of evidence
present appeal
present members of the family
proper relationship
said document
see badoo v
single issue
such findings

S. A. AKINTAN, J.S.C (Delivering the Leading Judgment): The appellant, as plaintiff, commenced this action at Omu-Aran Upper Area Court in Kwara State in a representative capacity against the respondent, also in a representative capacity. His claim was for declaration of title to a parcel of land lying and being at Sapati Oloko Nla Osin in Asa Local Government Area of Kwara State. The claim was not admitted by the defendant and as such the parties led evidence in support of their rival claims. To that end, the plaintiff (now appellant) called four witnesses while the defendant (now respondent) called seven witnesses. At the close of evidence for the defence, the trial court visited the locus In quo before delivering its reserved judgment.

The plaintiff's case was that the land in dispute belonged to the plaintiff's fore-father, Oladejo, a son of Afonja. Oladejo was said to have settled on the land which started from Osin Budo Are where he first settled and extended his farming land up…

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