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CaseLaw

Oyewole V. Akande (2009) CLR 7(m) (SC)

Judgement delivered on July 17th 2009

Brief

  • Yoruba customary law
  • Findings of a trial court

Facts

The Appellant was the Plaintiff at the Ila High Court of Osun State. He had brought the suit as the representative of Agbedegbede family against the Respondent as the Defendant. He claimed the following relief:

  • "Possession of the 8 shops and one living room occupied by the Defendant as a licensee of the Plaintiff's family which occupation had been determined ex-gratia by notices on 29/12/88 and 31/1/89 respectively. The Defendant is still holding out in the said 8 shops and one living room despite the said notices."

The parties filed and exchanged pleadings after which the case was tried by Bada J., (as he then was). On 6/05/96, the trial Judge gave judgment in favour of the Plaintiff/Appellant as in line with his claim. The present Respondent was dissatisfied with the said judgment. He brought an appeal against it before the Court of Appeal, Ibadan (hereinafter referred to as 'the Court below). On 19/11/02, the Court below allowed the appeal. It dismissed the Plaintiff/Appellant's claim. The Plaintiff has now come before this Court on a final appeal against the judgment of the Court below.

Issues

  • i
    Whether the lower Court was right in overturning the findings and decision...

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