(2012) JELR 46159 (CA)    

Court of Appeal  ·  CA/IL/79/2010 ·  4 Jun 2012 ·  Nigeria
TIJJANI ABDULLAHI (PJ) Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
local government
1st defendant
learned trial judge
trial court
better title
ilorin south
trial judge
daudu amule
issue number
general damages
said daudu amule
contention of the learned counsel
evidence of dw1
honourable trial court
possession of the land
probative value
special damages
evidence of pw2
grounds of appeal
honourable trial judge
learned trial court
submission of the learned counsel
cross appellant
documentary evidence
leading judgment
lower court
2nd respondent
addresses of counsel
advance facts
anor v. nigeria inter cont
bonafide owner of the land
brief appellant
cases of olagunju v. adesoge
counter-claim of the 1st defendant
court holds
customary right of occupancy no.
effect of section
kwara state high court
learned judge
oral evidence
record of appeal
right judgment
said agreement-exhibit
sufficient traditional evidence

TIJJANI ABDULLAHI (PJ), J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Mahmud Abdul-Gafar (J), of Kwara State High Court, Ilorin, in Suit No. KWS/34/2008 delivered on 25/6/2010, whereof the learned Judge found for the Respondent (who was the claimant at the court below), and dismissed the counter-claim of the 1st Defendant, now Appellant.

At the lower court, the Respondent had claimed the total sum of One Million Naira (N1, 000,000.00) as general damages and N752, 000.00 special damages against the Appellant and 4 other defendants for alleged destruction of his property at Alagbado along specialist Hospital Road, Ilorin, Kwara State. The Appellant had denied the claim and rather counter-claimed for possession of the land, covered by the customary right of occupancy No. 1508 issued/granted by Ilorin South Local Government on 12/11/2006 declaration that he was bonafide owner of the land and an order setting aside the "Deed of agree…

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