ALHAJI TIJANI SALAMI VS CHIEF SURAKATU GBODOOLU & ORS
July 3, 2025BABATUNDE ADEKUNLE V ABIODUN ADELEYE
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 91511
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Apr 10, 1997
Suit Number: SC.62/1991
CORAM
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
U. MOHAMMED
O. OLATAWURA JUSTICE, SUPREME COURT
PARTIES
ALHAJI TIJANI SALAMI APPELLANTS
CHIEF SURAKATU GBODOOLUCHIEF BABALOLA, NLADO TAFINCHIEF OPEBIYI, ODOFIN TAFINSUNMONU ADEOGUN, ARE TAFIN RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The plaintiff/respondent sued the defendants/appellants over a land in dispute, that they be declared entitled to the Right of Occupancy. The Trial Court gave judgment in favour of the defendants. Being dissatisfied, the plaintiff appealed. The Court of Appeal upheld the appeal and ordered a retrial. The defendants being dissatisfied have appealed to this Court.
HELD
The appeal succeeds. The judgment of the Court of Appeal dated 12th July, 1989 is hereby set aside. In its place is restored the judgment of the learned trial Judge dated 18th December, 1985. The appellant is awarded N300 as costs in the court below and N1,000.00 as costs in this court.
ISSUES
“Whether from the totality of the evidence adduced at the trial, the respondents discharged the onus of proof necessary to entitle them to the reliefs claimed.”
RATIONES DECIDENDI
CASES CITED
Kodilinye v.Odu (1935) 2 WACA 336Imah v.Okogbe (1993) 9 NWLR (Pt.316) 159Makanjuola v. Balogun (1989) 3 NWLR (Pt.108) 192Abisi v. Ekwealor (1993) 6 NWLR (Pt.302) 643Abiodun v. Fasanya, (1974) 11 SC 61, at Pp. 76 & 77Ojibah v. Ojibah. (1991) 5 NWLR (Pt. 191) 296Olujebu of Ijebu v.Oso (1972) 5 SC 143Atanda v. Ajani (1989) 3 NWLR (Pt. III) 511Motunwase v. Sorungbe (1988) 5 NWLR (Pt.92) 90Anyaduba v. Nigerian Renowned Trading Co. Ltd. (1992) 5 NWLR (Pt.243) 535Dibiamaka v. Osakwe (1989) 3 N WLR (PI.107)101Elias v. Disu & Anor. (1962) 1 All NLR 214;(1962) 1 SCNLR 361
STATUTES REFERRED TO
The Evidence Act|
