S. O. N. OKAFOR & SONS LTD VS NIGERIA HOUSING DEV SOCIETY LTD. & ANOR
August 22, 2025FATAYO OJULE & ORS VS B. A FATOLA OKOYA
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 55111
In the Supreme Court of Nigeria
Fri Apr 28, 1972
Suit Number: SC 102/70
CORAM
ELIAS JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
SOWEMIMO A.G. JUSTICE, SUPREME COURT
PARTIES
A. OKOSUN OKPERE & FAMILY APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff commence the action claiming among others title to land, that the land in dispute is a devised portion of a large property belonging to his late father now belongs to him. Both parties sought to rely on different judicial decisions to prove their title, both decision were discovered to be marred with serious irregularities. Consequently, a retrial of the case denovo was ordered by another judge of the same court and the decision of the customary court was set aside.
HELD
The learned trial judge was right to have ordered a fresh trial of the case in view of the irregularities in the trial process which offend the principle of natural justice but it was wrong to have ordered that the matter be tried de novo by another judge of the same court.
ISSUES
Whether the learned judge had power to order that the case be reheard in the High Court.
RATIONES DECIDENDI
WHERE IRREGULARITIES OF COURT OFFEND THE PRINCIPLE OF NATURAL JUSTICE
In the face of glaring irregularities which offend the principle of natural justice at the trial of a case, the proper thing for an appellate court to do in such circumstance is to order a retrial of the case. PER COKER JSC
ORDER OF TRIAL DE-NOVO
A judge sitting in appellate capacity can only order that a matter be tried de novo by the court of first instance or before any magistrate court and not another judge of the same court. PER COKER JSC
CASES CITED
Amoku v. Duro 14 WACA 257.
Apena v. Shorusi 9 WACA 95
Lateju v. Iyanda and another (1959) 4 FSC 257
STATUTES REFERRED TO
Customary Courts Edict of the Mid-Western State (No. 38 of1966)
Native Courts Ordinance (Cap. 142 in the Laws of Nigeria, 1948)
Supreme Court Act (No. 12 of 1960)
