CORAM

COKER, JUSTICE, SUPREME COURT

LEWIS, JUSTICE, SUPREME COURT

MADARIKAN, JUSTICE, SUPREME COURT

PARTIES

BABATUNDE AYINDE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was not allowed to argue some of his grounds of appeal by the president of Grade A magistrate Court but his appeal was allowed on the issue of res judicata raised with respect to the land in dispute. The respondents appeal against the decision to the High Court was

HELD

The court held that the appellant ought to have been allowed to argue all the grounds of appeal and sent back the matter to Grade A Customary Court for re- hearing.

ISSUES

Whether the appellant ought not to have been allowed to argue all the grounds of appeal by the Grade A Customary Court.

RATIONES DECIDENDI

Whether the appellant ought not to have been allowed to argue all the grounds of appeal by the Grade A Customary Court.

An appellant is entitled to pursue all his grounds of appeal, and unless he abandons them or an objection is successfully raised to them, a court ought not to prevent him from arguing them. Per Madarikan J.S.C

CASES CITED

STATUTES REFERRED TO

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