OLASORE & ANOR
V.
AJIBOLADE & ANOR

(2011) JELR 46054 (CA)

Court of Appeal · CA/I/28/2007 · 29 Nov 2011 · Nigeria

CORAM

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

land

appellants

respondents

learned trial judge

lower court

witnesses

traditional history

cross-examination

dw3

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

trial

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…

OLASORE & ANOR V. AJIBOLADE & ANOR

OLASORE & ANOR
V.
AJIBOLADE & ANOR