IN RE: QUO VADIS HOTELS AND RESTAURANTS LTD VS COMMISSIONER OF LANDS
August 9, 2025COLONEL OLU ROTIMI & ORS V. MRS F. O. MACGREGOR & ORS
August 9, 2025Legalpedia Citation: (1974-11) Legalpedia (SC) 01284
In the Supreme Court of Nigeria
Thu Nov 21, 1974
Suit Number: SC. 358/1973
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
COKER, AG, CHIEF JUSTICE, NIGERIA
EORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
ALHAJI A. W. AKIBU
APPELLANTS
JOSEPH OPALEYE
ISIAH FALAYE
RESPONDENTS
AREA(S) OF LAW
DISPUTE ON LAND MATTER
SUMMARY OF FACTS
Judgment was entered in favor of the Plaintiffs/respondents at the high court, against the Defendant/ appellant, in the terms of the writ of summons for declaration of title and injunction. The appellant appealed to the Supreme Court being dissatisfied with the judgment of the learned trial Judge.
HELD
The appeal succeeded and was allowed.
ISSUES
That the learned trial Judge failed to consider the unchallenged evidence before him, stretching from 1926 as pleaded and deposed to by the appellant and his witnesses with regard to his defense of long possession.
The verdict is against the weight of evidence.
RATIONES DECIDENDI
WHERE LONG POSSESSION IS ESTABLISHED IN EVIDENCE
“It is settled law that, where long possession is established in evidence, the court will not normally exercise its discretionary right of granting declaration of title in favor of a party not in possession.” Per G. S. SOWEMIMO, JSC.
DUTY OF A TRIAL JUDGE CONCERNING MATERIAL EVIDENCE
“It is also settled law that it is the duty of a trial Judge to evaluate relevant and material evidence before him and decide on the issues as raised on the pleadings before him.” Per G. S. SOWEMIMO, JSC.
THE POSITION OF THE SUPREME COURT WHERE IT IS CLEAR THAT EVIDENCE HAS BEEN LED IN THE LOWER COURT WHICH ESTABLISHES A FACT BUT NOT FOUND BY THE LOWER COURT
“Although this court rehears a case on appeal, it does this only on the records and, where it is quite clear that evidence has been led in the lower court which establishes a fact, it will make the necessary finding which the lower court failed to make.” Per G. S. SOWEMIMO, JSC.
CASES CITED
Thomas v. Thomas (1947) AC 484, at pp. 487, 488
Fatoyinbo v. Williams (1956) 1 FSC 87.
STATUTES REFERRED TO
Not Available
