CORAM

IKECHI FRANCIS OGBUAGU JUSTICE SUPREME COURT

PARTIES

JIMOH GARUBA ISIAKA YAHAYA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff’s claim was for declaration of title to a parcel of land at Sapati Oloko Nla Osin in Asa Local Government Area of Kwara State. The claim was not admitted by the defendant and as such the parties led evidence in support of their rival claims on the basis of traditional history.

HELD

The court held that it was proper for the lower court to have set aside the decision of the trial court as the evidence thereat was not properly evaluated

ISSUES

“Whether it was proper for the Court of Appeal to have affirmed the decision of the Omu-Aran High Court and instead dismissed the plaintiff/appellant’s appeal.”

RATIONES DECIDENDI

CASES CITED

1. Emarieru v. Ovirie (1977) 2 SC.31;2. Nor v. Tarkaa (1998) 4 NWLR (Pt.544) 130 at 139;3. Ogundulu v. Philips (1973) 1 NMLR 267 at 272;4. Okolo v. Uzoka (1978) 4 SC. 77 at 86;5. Mogaji v. Odofin (1978) 4 SC. 91.

STATUTES REFERRED TO

None.

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