CORAM

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CHRISTOPHER MITCHEL CHUKWUMA-ENEH, JSC JUSTICE, SUPREME COURT.

SOWEMIMO,JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

ANIAGOLU, JUSTICE, SUPREME COURT

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PARTIES

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CHIEF ODUM & ANOR (For themselves and as representing the Odums family of Orogbum Diobu.)

APPELLANTS 

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CHIEF P.B.O. CHINWO & 16 ORS (For themselves and as representing the Ogbunabali people of Ogbunabali Village, Diobu)

RESPONDENTS 

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AREA(S) OF LAW

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COURT- DISMISSAL- NON- SUIT

 

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SUMMARY OF FACTS

The trial court dismissed the appellants claim to a grant of the land in dispute which was shown to be a communal land of both parties. No evidence of grant was led at trial and the case was dismissed. The plaintiffs appealed contending that the case should have been non- suited.

 

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HELD

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The court dismissed the appeal.

 

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ISSUES

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Whether the learned trial judge was right in dismissing the plaintiffs case

 

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RATIONES DECIDENDI

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WHEN A CASE SHOULD BE DISMISSED

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When the findings of fact by the trial Judge are are amply supported by the oral and documentary evidence in the case that the plaintiffs case is not proved, the proper order to make is one of dismissal of plaintiffs claim- Sowemimo J.S.C

 

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CASES CITED

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Titus Sogunle and Ors. v. Amusa Akerele and Ors. (1967) NMLR Page 58;

Ajibade Garuba v. Abu Akacha (1966) NMLR Page 62;

Yesufu Dele and Family v. Adelabu and Family (1966) NMLR Page 105;

Okwo Ejiofor v. Eze Onyekwe and Ors.(1972) 1 ANLR Page 527;

Idundun and Ors. v. Daniel Okumagba (1976) 9-10 S.C. page 227; and

Sir Adesoji Aderemi v. Joshua Adedire (1966) NMLR page 398.

 

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STATUTES REFERRED TO

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Not Available

 

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