K.NWOSU V. J. OTUNOLA
August 11, 2025BADER TABBAA V. O.R. LABABEDI & ANOR
August 11, 2025Legalpedia Citation: (1974-04) Legalpedia (SC) 31711
In the Supreme Court of Nigeria
Fri Apr 19, 1974
Suit Number: SC. 125/1973
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
1. CHIEF OKERE IMONIKHE
2. CHIEF A. ANEWOH
3. DUMEZ (NIG.) LIMITED
APPELLANTS
1. CHIEF YAKUBU KAKARAH
2. CHIEF ILEDOH OBAYE
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF TITLE TO LAND /COURT /PLEADINGS/JUDGMENT
SUMMARY OF FACTS
The respondents were granted title to a land which they did not claim and which was not properly identified. Judgment was given more than one year after addresses.
HELD
The court held that decision was contrary to the evidence adduced at trial and dismissed the respondents claims.
ISSUES
1. Whether the decision of the lower court is bone out of the claims of the respondents and the evidence adduced at trial.
2. Whether the decision of the lower court delivered more than a year after conclusion of addresses was not perverse in the light of the facts and circumstances of the case.
RATIONES DECIDENDI
WHEN APPELLATE COURT CAN DISTURB FINDING OF FACT OF A TRIAL JUDGE
“It is not the duty of a Court of Appeal to disturb findings of fact of a trial Judge, especially in a civil action, unless those findings are not supported by the weight of evidence or the trial court or tribunal has not made proper use of its opportunities to appraise the evidence given before it.” Per COKER, JSC.
THE DUTY OF A TRIAL JUDGE TO RECONSIDER THE PROPRIETY OF GRANTING A CLAIM FOR DECLARATION OF TITLE
“The learned trial Judge had a duty to reconsider the propriety of granting a claim for declaration of title.” Per COKER, JSC.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
