Alhaji Kadir Aremu Egudu-oja & Anor V. Salahu Ajiboye & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment)

This Appeal emanates from the judgment of the High Court of Kwara State (coram M. AbdulGafar, J) delivered. On the 6th June 2011 granting the entire claims of the Respondents who were the claimants and dismissing the entire counter claims made by the Appellants who were the Defendants against the Respondents.

The disgruntled Appellant’s challenged that decision by filing a Notice of Appeal predicated upon ten (10) grounds as reproduced hereunder:-

GROUND ONE:

The trial court erred and misdirected itself in fact when it held inter alia that:

“…Notwithstanding the contradictions pointed out by Mr. Saka which are not the material (sic), I have found the evidence of claimants credible in this regard…”

GROUND TWO

The trial court erred in law and misdirected itself when it held that:

“…As for the Defendants I have also considered the evidence of DW1 – DW4 who testified that they are descendants of Ajayi Giwa and ObaOnifade who founded Egudu-Oja. It is also the evidence of the defence that Ajayi begat (sic) Onifade who like Egudu-Oja where he appointed the claimants’ ancestor as Baale.

Notwithstanding to the complaint of Dr. Aje as the inconsistency on the children of Oba Onifade particularly Dedayo, I also find the evidence of defence credible…”

GROUND THREE:

“The claimants have pointed to such recent facts as their ownership of land in Egudu-Oja of successive appointment of Baale from their family as well the litigations on land the family had conducted leading to exhibits 1, 2, and 3…”

GROUND FOUR:

“…The claimants in particular pointed to the finding of fact in Exhibit g at page z to the effect that Ajayi Giwa is the progenitor of Baale Egudu Family who owned the land Egudu which devolved on from Ajayi Giwa through Baale Adisa…”