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OGUNLEYE
V.
AINA & ORS.

(2010) JELR 33713 (CA)

Court of Appeal 10 Jun 2010 Nigeria
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- The case involves a dispute over the chieftaincy stool of Eletan of Etan. - The appellant filed ten grounds of appeal, while the plaintiff filed a cross-appeal against part of the lower court's decision. - The issues for determination inc

Case Details

Suit Number:CA/IL/41/2009
Judges:DALHATU ADAMU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria CENTUS CHIMA NWEZE Justice of The Court of Appeal of Nigeria
Counsel:Dayo Akinlajh Esq., with E. O. Ogunwiyi (Miss), G. A. Olorunfemi (Miss.); O. O. Abifarin Esq., and Abiodun Bello Esq. For Appellant Ayorinde Isola Esq with Lanre Badmus Esq., I. B Inyang-Ito (Miss.) and Afusat Jimoh (Mrs.)Olukayode Akande Esq., with Gimba Ezekiel Esq., Mrs. Funsho Lawal (D.C.L) Ministry of Justice Kwara State with her Mrs. M. A. Samah (S.S.C) For Respondent

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kwara State High Court. Ilorin Division, per M. O. Adewara, J; delivered on the 31st day of March. 2009 granting part of the Plaintiff (now 1st Respondent's) claim and dismissing the Counter-claim of the 5th Defendant/Counter-Claimant (now Appellant) in its entirely. Dissatisfied with the judgment as handed down by the learned trial Judge, the Appellant filed a whopping ten Grounds of Appeal as contained in pages 363 to 368 of the record of proceedings.

The Plaintiff on his part filed a Cross-Appeal against part of the lower court's decision refusing to grant reliefs 3, 5, 6 and 10 of the Plaintiff/1st Respondent's claim. After the Record of proceedings had been transmitted to this Honourable Court, parties were ordered of exchange their briefs in line with the Rules of the Court and in the brief settled by Dayo Akinlaja Esq. on behalf of the Appellant, three issues couched in the…

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