(2011) JELR 46054 (CA)    

Court of Appeal  ·  CA/I/28/2007 ·  29 Nov 2011 ·  Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria MOOBE A.A. ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
lower court
traditional history
exhibits pa1
owa obokun atakunmosa
acts of ownership
counter claimants
credible evidence
evidence of the appellants
wrong decision
bare assertion of the 1st plaintiff
briefs of argument
case of the plaintiff
chief yisau olasore
claims of the defendants
counter claims
crucial issue
defendants baatisin family
defendants ownership claims
evidence of traditional history of the defendants
farm land
fundamental issue of root of title
issue no. a
issues call
judgment of osun state high court
kojo v. bonsie
lasore chieftaincy land share boundary
leading judgment
learned trial judge ought
probability of the traditional history of the land
proper order
said acts of ownership
said people
tenants of their family
totality of the evidence
traditional evidence of both parties
v. chief e. aifuwa
v. rufus ajibade

MOORE A. A. ADUMEIN, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Osun State High Court, Ilesa Division, in Suit No: HIL/27/2000 - CHIEF YISAU OLASORE and 1 OR. V. RUFUS AJIBADE and 1 OR, delivered by O. D. AFOLABI, J. on the 15th day of December, 2005. The appellants were the defendants/counter claimants in the Court below.

The grounds and particulars in the amended notice of appeal filed on 21/05/2008, although not properly numbered, are:

"(1) The judgment if (sic) the lower Court dismissing the claims of the Defendants/Counter Claims is un-reasonable, unwarranted and cannot be supported having regard to the totality of the evidence led at the trial.

(2) The Learned Trial Judge misdirected himself on the Defendants' evidence when at page 138 of the record he held:

"...They called 6 witnesses. Out of these six witnesses said anything about the traditional history of how the land devolved on defendants' family..." and thereby came to a wrong decis…

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