CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE SUPREME COURT
CHRISTOPHER M. CHUKWUMA-ENEH(Lead Judgment), JUSTICE SUPREME COURT
PARTIES
1. BISIRIYU AKINLAGUN2. SALAMI RUFAI3. BISIRIYU EGBELEYE4. MOMOH DISU(For themselves and on behalf of Laigbo-Osu family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants counterclaimed for an order of injunction restraining the 1st respondent or his agents from trespassing on the land in dispute or alternatively an order relieving them from forfeiture of the customary tenancy of the land in dispute.
HELD
The Court held that having admitted overlordship of respondents in the pleadings, no further proof was required that appellants were customary tenants and that by denying their landlords title they were rightly ordered to forfeit their customary tenancy.
ISSUES
1. Whether the Court of Appeal had jurisdiction to determine the existence of customary tenancy between the plaintiff (Oshoboja family) 1st respondent herein and the 2nd – 5th defendants (Laigbo-Osu family) appellants herein and reverse the findings of High Court on the point when there is no substantive ground of appeal complaining against the specific issue namely “that the Laigbo-Osu family are not customary tenants of the plaintiffs family (Oshoboja family) and the claim for forfeiture and possession were not established.
2. Whether the failure of the Court of Appeal to consider the grounds of appeal contained in 2nd – 5th defendants’ notice of appeal (cross-appeal) occasioned a miscarriage of justice.
RATIONES DECIDENDI
OMNIBUS GROUND OF APPEAL
An omnibus ground of appeal is a general ground of fact complaining against the totality of the evidence adduced at the trial. It is not against a specific finding of fact or any document. It cannot be used to raise any issue of law or error in law.
CASES CITED
1. Adelusola & 4 Ors. V. Akinde & 3 Ors. (2004) 12 NWLR (Pt. 887) 295, (2004) 5 SCM 1.
2. Ajibade V. Pedro (1992) 5 NWLR 257,
3. Ajibana V. Kolawole (1996) 10 NWLR (Pt. 476) 22
4. Akpagbue V. Ogu ors, (1976) 6 S.C. 63, 74
STATUTES REFERRED TO
NONE