(1997) JELR 45422 (CA)    

Court of Appeal  ·  CA/K/140/94 ·  20 Mar 1997 ·  Nigeria
Other Citations
Ishola v. Ajlboye (1998) 1 NWLR (Part 532)
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
high court
preliminary objection
grounds of appeal
lower court
subject matter
supreme court
appeal no. ca
decision of the trial court
appellate session
decision of the lower court
disputed land
high court of kwara state
omnibus ground
upper area court
upper area court omu-aran
acts of possession
area court grade
brief facts of this appeal
court of appeal kaduna division
findings of a lower court
fresh appraisal of same evidence
leading judgment
lead judgment
learned counsel
learned justices of the court of appeal
leave of this court
light of the judgment of the supreme court
merit issues
notice of appeal
ogundare jsc
omu-aran high court
ownership of a parcel of land
ownership of the said land
plaintiffs grant of part of the land
present appeal
principle of the law
retrial of the case
suit no. sc
traditional evidence
upper area court no.
upper area court no.2

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This appeal had a chequered history. It had its vicissitudes. It was first instituted in Area Court Grade I, Ajasa - Ipo Kwara State. There was an appeal from that court to Upper Area Court No. 1 Ilorin, and then to High Court of Kwara State holden at Ilorin. The High Court ordered a retrial before the Upper Area Court No.2, Ilorin. Following an application by one of the parties, the High Court varied the order of retrial and ordered that the retrial be heard by the Upper Area Court, Omu-Aran. After a decision by the Upper Area Court Omu-Aran, there was an appeal to the High Court, Ilorin and further the Court of Appeal Kaduna Division and lastly to the Supreme Court.

Brief facts of this appeal reveal that at the Upper Area Court Omu-Aran, on the 17th of December, 1985, the plaintiff as respondent herein, claimed ownership of a parcel of land of about eight square kilometres situate at Oke Maro, Amoyo for and on behalf of himself and…

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