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.