(2007) JELR 44659 (SC)    

Supreme Court  ·  SC.108/2002 ·  11 May 2007 ·  Nigeria
Other Citations
Odetayo v. Bamidele (2007) 17 NWLR (Pt.1062) 77 (2007)5 S.C. 72 (2007)5 S.C. 72
Odetayo v. Bamidele (2007) 17 NWLR (Pt. 1062) 77
NIKI TOBI Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
land use act
urban area
high court
kwara state high court
concurrent jurisdiction
customary right of occupancy
decision of the court of appeal
decision of this court
leading judgment
lead judgment
original jurisdiction
case of adisa v
issue of jurisdiction
rural areas
supreme court
unlimited jurisdiction of the state high court
a. i. katsina-alu
alhaji dalori
alhaji karimu adisa v
alhaji shehu
appellant david odetayo
appellate court
cases of oyeniran v
competence of the kwara state high court
criminal matters
decision of the high court
developed land
different times
emmanuel oyinwola
f. f. tabai
kwara state high court omuaran
late oba jacob olayiwola omiyale
learned trial judge
light of adisa v
light of the decision of the supreme court
little contribution
local government area of kwara state
local governments
pendency of the appeal
p. o. aderemi
possession of the parcel of land
present case
state high court
subject matter of the dispute
trial high court

A. I. KATSINA-ALU, J.S.C (Delivering the Leading Judgment): The respondent herein is the successor in interest to late Oba Jacob Olayiwola Omiyale. The late Oba was the Olushin of Iji Ishin. The appellant David Odetayo brought this action in the Kwara State High Court, Omu aran for a declaration that he is entitled to possession of the parcel of land in dispute, damages for trespass and injunction. The trial High Court gave judgment in favour of the plaintiff. The defendant, late Oba Omiyale appealed against the decision of the High Court to the Court of Appeal, Ilorin Division upon a number of grounds from which nine (9) issues were distilled. During the pendency of the appeal at the Court of Appeal, Oba Omiyale died and was substituted by his son Michael Bamidele as the appellant. The Court of Appeal heard and determined the appeal before it on issue of jurisdiction only and came to the conclusion that the Kwara State High Court lacked jurisdiction to determine the suit, the land in…

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