OSHATOBA & ANOR
V.
OLUJITAN & ANOR

(2000) JELR 44014 (SC)    

Supreme Court  ·  SC.33/1994 ·  18 Feb 2000 ·  Nigeria
 · 
Other Citations
Oshatoba v. Olujitan (2000) 5 NWLR (Pt.655)159
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
appellants
respondents
appeal
trial upper area court
grounds of appeal
issues
court of appeal
trial court
upper area court
lower court
kwara state
brief of argument
parcel of land
decision of the appellate high court
appeal of the plaintiffs
appellate division of the high court of justice
behalf of the appellants
judgment of the trial upper area court
lands of the plaintiffs
leading judgment
learned justices
proper order
respect of issue
rules of this court
appellants o. mudiaga odje esq
case of the plaintiffs
considered decision
copious evidence
crucial question
decision of the appellate division of the high court
decision of the court of appeal
divisional area court
following order
inspector of area courts
investigation of the claims of the parties
judgment of the court of appeal
judgment of the upper area court
kwara state area courts law
learned justices of the high court
orders of the appellate high court
orders of the trial court
outcome of this case
peculiar circumstances of this case
piece of evidence
proper use of the opportunity
said judgment
subsequent trial

IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division which had on the 20th day of April. 1992 allowed the appeal of the plaintiffs from the decision of the appellate division of the High Court of Justice, Kwara State, holden at Okene.

The plaintiffs for themselves and as representing the people of Iffe had at the Divisional Area Court, Kabba instituted an action against the defendants for themselves and on behalf of the people of Ekinrin, claiming ownership of the piece or parcel of land situate between the Osun river and the other lands of the plaintiffs. The suit was subsequently transferred to the Upper Area Court, Lokoja by the Inspector of Area Courts, acting under powers conferred on him by virtue of the provisions of section 48(2) of the Kwara State Area Courts Law, 1967.

At the subsequent trial, both parties testified on their own behalf and called witnesses.

It is not in dispute that the plaintiffs an…

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