Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ZHITSU & ANOR
V.
OGUNDEJI & ORS

(2014) JELR 39900 (CA)    

Court of Appeal  ·  CA/IL/M.34/2013 ·  13 Feb 2014 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
applicants
order
extension of time
notice of appeal
court of appeal rules
substantial reasons
good cause
grounds of appeal
4th respondents
5th respondent
lower court
prima facie show
edu local government council
ekko community
esun dari community
lead ruling
village head
appeals
better affidavit
decision of the kwara state boundary committee
decision of the kwara state high court
honourable court
instant case
mallam muhammed tsado ekko
such enlargement
village head of ekko community
1st respondent
2nd applicants
3rd applicant
basic reasons
circumstance of the application
circumstance of this application
clear provisions of statute
court of appeal act
custom of the ekko community
final decision of the high court
further order
high court of kwara state
high court rules of kwara state
late mallam muhammed tsado ekko
magic wand
open court
order of injunction
paragraph affidavit
proposed notice of appeal
rules of the court of appeal
said court
traditional ruler
trial court

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The applicants were two of the three applicants on record in suit number KWS/19M/2011 at the High Court of Kwara State sitting at Ilorin. The 3rd applicant is now deceased. In the said Court they prayed as follows:-

"1. A declaration that the proceeding and judgment/decision of the Kwara State boundary committee, headed by the 1st Respondent, with the 2nd to 4th Respondents as members, in the farm land dispute between the applicant (sic) Ekko community in Lafiagi, Edu Local Government Council and the 5th respondent (sic) Esun Dari Community, Patigi Local Government Council is in gross violation of the constitutional of fair hearing under Section 96(1) of the Constitution of the Federal Republic of Nigeria, 1999 and liable to be quashed, null and void and of no effect.

2. A declaration that the proceedings and judgment/decision of the 1st to 4th Respondents constituted as Kwara State boundary committee on the land dispute betwee…

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