O. THOMPSON OKE & ANOR VS ROBINSON E. A. OKE & ANOR
August 12, 2025PIUS AMAKOR V. BENEDICT OBIEFUNA
August 12, 2025Legalpedia Citation: (1974-03) Legalpedia (SC) 18157
In the Supreme Court of Nigeria
Thu Mar 21, 1974
Suit Number: SC 265/1972
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
AGADA OKOIKO & ANOR
APPELLANTS
OZO ESEDALUE & ANOR
RESPONDENTS
AREA(S) OF LAW
ADJOURMENT – COUNSEL APPEARANCE IN COURT/PLEDGES
SUMMARY OF FACTS
The appellants requested for a sum more than the value of 3 pieces of clothing by which the land in dispute was pledged to their father.
HELD
The court held that the respondents were entitled to redeem the land with the currency value of the 3 pieces of clothing and that the appellants were not entitled to any compensation for the rubber plantation they planted on the land.
ISSUES
1. Whether the refusal of the lower court to grant an adjournment on the day this matter was heard did not occasion miscarriage of justice.
2. Whether the use to which pledged land had been put by the pledgee in occupation is in any way circumscribed and also whether any improvement carried out by the pledgee while in possession can be compensated for in some way by the pledgor
RATIONES DECIDENDI
RIGHT OF COURT TO GRANT ADJOURNMENT BASED ON COUNSELS APPEARANCES
“The learned trial judge was clearly right in holding that it was only an inevitable appearance before the Supreme Court of Nigeria that should excuse counsel from appearance before any High Court in the Federation and, even then, only on proper application to and approval by the relevant authorities . Per Elias CJN
CUSTOMARY PLEDGE
The very nature of a customary pledge, which is perpetually redeemable, is that the pledgee has only a temporary occupation licence and that he must yield up the pledged land as far as possible in the form he took it on originally. Per Elias CJN
CASES CITED
Jomoh Amoo v. Rufayi Adigun (1957) WRNR
STATUTES REFERRED TO
Not Available
