(2018) JELR 38907 (CA)    

Court of Appeal  ·  CA/IL/85/2017 ·  5 Jul 2018 ·  Nigeria
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
Core Terms Beta
suit no. uacl
suit no. kws
respondents family
trial court
committal proceeding
appeal no. ca
learned trial judge
grounds of appeal
notice of preliminary objection
subject matter
supreme court
lower court
learned counsel
preliminary objection
record of appeal
respondents counsel
court of appeal
saadu ojuekun vs. kuranga akanbi
high court
upper area court
effect of ground
jurisdiction of the court
landlords of the present appellants
leading judgment
necessary parties
order of the court
applicants affidavit
applicants appeal
appointed caretaker families
argument of the learned counsel
commencement of the said suit no. uacl
considered ruling of this court
enforcement order of the court
enforcement order of the judgment
issue of estoppel
joinder of the said landlords of the appellants
point of law
proposed ground of appeal
proposed notice of appeal
reason of judgment
respondents family claim
ruling of the kwara state high court
said notice of preliminary objection
said ruling
subject of appeal no. kws
vast parcel of land

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision/ruling of the Kwara State High Court, Ilorin Judicial Division in Suit No. KWS/44M/2012 presided over by Hon. Justice M. A. Folayan delivered on 17/01/2017. In the said Ruling, the learned trial Judge dismissed the application dated and filed on 04/07/2016 which challenged the competence, jurisdiction of the Court to entertain the committal proceeding initiated by the Respondent against the Appellants.

By reason of Judgment in Suit No. UACL/CV.2/74 between SAADU OJUEKUN V. KURANGA AKANBI AND AMINU AKANO, the Respondents family obtained Judgment for title over a vast parcel of land located within an area called Oke Moro and Odo Weru in Asa Local Government Area of Kwara State against the appointed Caretaker Families namely: Kuranga Akanbi and Aminu Akano.

At the commencement of the said Suit No. UACL/CVF/2/74 the first 1st Defendant therein i.e. Kuranga Akanbi conceded to the Responde…

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