ALHAJI BUBA USMAN VS. MOHAMMED TAMINU GARKE
June 13, 2025SALAMI AFOLABI V GOVERNOR OF OSUN STATE
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 11730
In the Supreme Court of Nigeria
Fri Jul 4, 2003
Suit Number: SC. 141/1999
CORAM
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
GALADIMA JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
ALHAJI BUBA USMAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed title to the land in dispute on the basis of allocation of same to him by the land use allocation committee and subsequent certificate of occupancy issued by the governor.
HELD
The court held that the plaintiff had proved its case at the trial court and upheld the confirmation of that judgment by the Court of Appeal.?
ISSUES
1. Whether the Court of Appeal was right when it first considered and dismissed the case of the defendant before it proceeded to consider the case for the plaintiff?2. Whether the Court of Appeal was right when it held that Exhibit MB1 was not issued by the Land Use and Allocation Committee as found by the trial Court without an appeal on the issue before it?3. Whether Exhibit MB1 can confer title in the piece of land in dispute to the plaintiff?4. Whether the failure of the plaintiff to file a reply or defence to the counter-claim is fatal to the plaintiff’s case?5. Having regard to the circumstances of the case, was the Court of Appeal right when it held that the defendant failed to establish his case
RATIONES DECIDENDI
PROCEDURE FOR DETERMINING AN APPEAL BY APPELLATE COURT
An appellate Court is not bound to consider the appeal before it as a trial Court. The duty of an appellate Court is to determine whether the trial Court considered the dispute between the parties as laid down in the case of Chief Woluchem & Ors V. Chief Simon Gudi & Ors- per Ejiwunmi J.S.C.
WHEN A REPLY TO COUNTER CLAIM IS NECESSARY
A reply to a counter-claim becomes necessary if the counter-claim raises a fresh or new issue. Where the counter-claim has not raised a fresh or new issue, a reply is not necessary. In other words, where the issues raised in the counter-claim are already covered by the statement of claim, a reply is otiose- per Tobi J.S.C.
CASES CITED
Chief Victor Woluchem & Ors V. Chief Simon Gudi and Ors (1981) 5 SCN 291 at 306 and 316. Wilson V. A.G. Bendel State (1985) 1 NWLR (pt.4) 572 at 591
STATUTES REFERRED TO
NONE?
