ALHAJI ABDUL WAHAB ODEKILEKUN VS MRS. COMFORT OLUBUKOLA HASSAN & ANOR
July 1, 2025IGBINOGHODUA OGIGIE & ORS VS A.I. OBIYAN
July 1, 2025Legalpedia Citation: (1997) Legalpedia (SC) 38811
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Dec 11, 1997
Suit Number: SC.120/1991
CORAM
OBANDE FESTUS OGBUINYA JUSTICE, COURT OF APPEAL
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
U. MOHAMMED
A.I. IGUH
A.B. WALI
PARTIES
ALHAJI SIKIRU SANUSIMRS. YINYINOLA SAKANIYAWUMR. VICTOR LAYIWOLA APPELLANTS
YESUFU ADEBIYIMUSTAFA ADEDEJI ADEBIYI (For themselves and on behalf of Orikunkun family) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
LAW OF EVIDENCE, ORAL EVIDENCE, DOCUMENTARY EVIDENCE, APPEAL
SUMMARY OF FACTS
The plaintiff/respondent sued the defendant/appellant over a land in dispute that they are entitled to the Statutory Right of Occupancy amongst other reliefs. The Trial Court found in their favour. Dissatisfied the defendants appealed, the Court of Appeal dismissed the appeal. Still being dissatisfied they have appealed to this Court.
HELD
As rightly found by the court below in the instant case, the findings made by the learned trial Judge were adequately supported by the credible evidence before him. They were affirmed by the court below. I have no reason whatsoever to disturb those findings. And as those findings supported the case for the plaintiffs, judgment was rightly given in their favour. I dismissed the appeal with N10,000.00 costs to the plaintiffs respondents.
ISSUES
Whether or not it was proper to decide the appeal on grounds of appeal and not on the issues formulated. Whether in all the circumstances of this case the rule in Kojo v. Bonsie (1957) 1 WLR 1223 is not applicable for the proper determination of the case particularly when there is a conf1ict on the traditional evidence given by the parties. Whether or not the order made by a non-judicial officer on the basis of which the Statement of Claim and Plan were filed renders the proceeding and judgment a nullity. Whether the Appeal Court was right in affirming the findings of the trial court made in favour of the respondents particularly that relating to the ownership of the house on the land in dispute.
RATIONES DECIDENDI
CASES CITED
Kojo II v. Bonsie. In Iriri v. Erhurhobara (1991) 2 NWLR (Pt. 173) 252, 269Ogbuokwelu v. Umeanafunkwa (1994) 4 NWLR (Pt. 341) 676,710 D-FJoseph E. Aikhuele & Ors. v. Eichie Oakhena (1980) 3 CA 54 (Benin Division)Njoku v. Eme (1973) 5 SC 293
STATUTES REFERRED TO
High Court (Civil Procedure) Rules Cap.46 Laws of Oyo State 1978|
