(2000) JELR 43976 (SC)    

Supreme Court  ·  SC.112/93 ·  15 Dec 2000 ·  Nigeria
Other Citations
Iordye v. Ihyambe (2000) 15 NWLR (Pt.692) 675 (2000) 12 S.C (Pt II) 126
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
declaration of title
high court
locus bean tree
defendant brother
piece of land
appellate court
court of trial
judgment of the high court
only reason
appellant establish identity of the land
appellant lead evidence
appellate high court
brief of argument
case of the appellant
chief frank ebba v
chief warri ogodo
court of appeal judgment
court of appeal right
credibility of the witnesses
danga benue state
disputed area
disputed piece of land
evidence of pw1
grade ii area court of tor
high court judge
holding of the trial court
insufficient evidence
issue of boundary
judgment of the area court
late brother
late father
leading judgment
learned trial
learned trial judge
leave of the court
oral application
second issue
supreme court rules
wali jsc

WALI, J.S.C. (Delivering the Leading Judgment): The appellant who was the plaintiff in Grade II Area Court of Tor -Danga Benue State, claimed against the respondent for a declaration of title to a piece of land situate at Udam Utange. After due hearing the trial court entered judgment for the plaintiff/appellant. The defendant/respondent appealed to the High Court which set aside the judgment of the Area Court on the ground that the court gave no consideration to the defendant/appellant's evidence and his witnesses and that the only reason for which the elders asked that the plaintiff/appellant be left on the land was that his mother was their daughter.

The plaintiff/appellant appealed to the Court of Appeal which after due hearing affirmed the judgment of the High Court. He has now appealed to this court against the Court of Appeal judgment.

In compliance with Order 6 rule 5(1)(a) of the Supreme Court Rules, 1985 (as amended) learned counsel for the appellant filed brief of argument …

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