MR. LAMIDI RABIU V. MR. TOLA ADEBAJO

SUBJECT MATTER 

DAMAGES FOR TRESPASS AND DECLARATION OF TITLE

A preliminary objection as a threshold issue is a pre-emptive strike to scuttle the hearing of the appeal

A preliminary objection as a threshold issue is a pre-emptive strike to scuttle the hearing of the appeal. It has to be disposed of before any further step can be taken in the appeal.” Per Nwali Sylvester Ngwuta, JSC.

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GABRIEL ADEKUNLE OGUNDEPO & ANOR V. THOMAS ENIYAN OLUMESAN

SUBJECT MATTER – OWNERSHIP OF LAND

DECLARATION OF TITLE – DOCUMENTARY EVIDENCE – ORDER OF RETRIAL

VARYING THE TERMS OF DOCUMENTARY EVIDENCE – admissibility of extrinsic evidence to vary terms of documentary evidence

EVIDENCE – power of appellate court to set aside findings of fact of trial court supported by evidence

REEVALUATION OF EVIDENCE- Where credibility of a witness is not in point, a court of appeal can reevaluate such evidence

ORDER OF RETRIAL – circumstance where an order of retrial is made

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