(2007) JELR 46489 (SC)    

Supreme Court  ·  SC.107/2002 ·  11 May 2007 ·  Nigeria
Other Citations
Salawu v. Yusuf (2007) 12 NWLR (Pt.1049) 707 (2007)5 S.C. 35 (2007)5 S.C. 35
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria 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
Core Terms Beta
trial judge
learned trial judge
recent years
trial court
traditional evidence
decision of the trial court
akogun of babanla
case of kojo v
evidence of traditional history
favour of the defendants
lord denning
amended statement of claim
brief of argument
custom of akogun family of babanla
judgment of the court of appeal
leading judgment
present akogun of babanla
chief audu agboola akogun
kwara state
purported appointment of the 2nd defendant
addresses of the different counsel
adoption of the briefs of the parties
akogun of babanla title
appeal no. ca
background of other facts
bogun lineage
chieftaincies of akogun compound
clear view
evidence of traditional history of the parties
facts of a given case
f. f. tabai
findings of facts
judgment of the high court of justice
leave of court
lkukominlola family akaponna
long period of time
mallam hassan akogun
name ikukomilola
numerous material contradiction
occupation of a virgin land
office of akogun of babanla
respective families of the compound
said judgment
such recent act
testimonies of the witnesses
unbelievable evidence
view of the apparent conflict

P. O. ADEREMI, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ilorin Division in appeal No. CA/lL/5/2000 delivered on the 14th of June, 2001 dismissing the appeal against the judgment of the High Court of Justice of Kwara State sitting at Ilorin in suit No. KWS/2C/96: Mallam Jimoh Salawu and Mallam Hassan Akogun versus Aliyu A. Yusuf and Audu Ajide Agboola in which the trial Court had dismissed the suit and entered judgment in favour of the defendants/counterclaimants on the 11th of May, 1999. The plaintiffs (hereinafter referred to as the appellants) had at the trial court claimed against the defendants (hereinafter referred to as the respondents) as per paragraph 14 of the amended statement of claim the following reliefs:-

"I. A declaration that the purported appointment of the 2nd defendant by the 1st defendant is null and void as it is against the native law and custom of Akogun family of Babanla.

2. A perpetual injunction …

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