EJUETAMI V OLAIYA
June 20, 2025ABAYOMI OLALEKAN V. THE STATE
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 11415
In the Supreme Court of Nigeria
Fri Dec 14, 2001
Suit Number: SC.170/1996
CORAM
UMARU ATU KALGO , JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, , JUSTICE, SUPREME COURT.
PARTIES
1. CHIEF SALAMI OLATUNDE(The Aare Alasa of Ogbomoso2. ADEGBOYEGA ADEFOWOPE(For Himself and Other Members of Jagun Alugbin of Ogbomoso). APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents sued the appellant at the High court seeking inter alia a declaration that there was only one chieftaincy stool in the village and he was entitled to be sworn in as the holder of same. He was granted his prayer and an injunction was granted restraining the respondent from parading himself as the substantive occupier. The appellant appealed and lost. He has again appealed to the Supreme Court.
HELD
APPEAL DISMISSED
ISSUES
1. Whether the Court of Appeal was right in holding that the origin or root of the Chieftaincy of Jagun Alasa was not seriously in issue at the trial and that the resolution of the issue was essentially immaterial.2. Where the principle enunciated by the Privy Council in kojo II v. Bonsie is applicable, would a judge of trial or indeed a Court of Appeal be duty bound to resolve traditional evidence he had declared conflicting and inconclusive?3. Whether the Court of Appeal was right to have confirmed the judgment of the trial court with the errors.
RATIONES DECIDENDI
CONCURRENT FINDINGS OF FACTS OF LOWER COURTS WILL NOT BE SET ASIDE EXCEPT WHERE IT PERVERESE
“an Appellant who seeks to challenge the concurrent findings of fact of the High Court and the Court of Appeal has to advance cogent reasons why this Court should accede to this challenge”. {Per Ejiwummi JSC}
CASES CITED
1. Kojo II v. Bonsie (1957) 1.W.L.R. 12232. Folorunsho v. Adeyemi (1975) N.M.L.R. 128 CAW.3. A.M. Akinloye v. Bello Eyiyola and Others (1968) N.M.L.R. 92.4. Balogun v. Agboola (1974)10 SC 111.5. Victor Woluchem and Ors v. Chief Gudi and Ors (1981) 5 S.C. 291.6. lbanga v. Usanga (1982) 5. S.C. 103.7. Kuforiji v. V.Y.B. M.(1981) 6-7 S,C.40.8. Awoyale v. Ogunbiyi (1986) 2 N.W.L.R. (Pt. 24) 626.9. Olaloye v, Balogun (1990) 5 N.W.L.R. (Pt. 148) 24 at 38.10. U.B.A. Ltd. v. Achoru (1990) 6 N.W.L.R. (Pt. 156) 254.11. Motunwase v. Sorungbe (1988) 5 N.W.L.R. (Pt. 92)90.
STATUTES REFERRED TO
NONE
