Legalpedia Citation: (2012) Legalpedia (SC) 60927
In the Supreme Court of Nigeria
Fri May 4, 2012
Suit Number: SC. 12/2006
CORAM
IBRAHIM TANKO MUHAMMAD JUSTICE, SUPREME COURT
PARTIES
1. CHIEF SAMUSIDEEN AFOLABI AYORINDE (Baale of Ikeja Community)
2. CHIEF MODIU OYEBOLA (Balogun of Ikija Community)
3. CHIEF AMBALIU EJALONIBU (Otun of Ikija Community)
4. CHIEF IYANDA ABUDU (Osi of Ikija Community (for themselves and on behalf of the people of Ikija Community in Ifo Local Government Area of Ogun State)
APPELLANTS
CHIEF HASSAN SOGUNRO & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In the action before the High Court, the Plaintiffs claimed against the Defendants jointly and severally, a declaration that the plaintiffs are the persons entitled to a customary right of occupancy in respect of the vast area of land, a declaration that all sales or leases allegedly made by the defendants were null and void, and perpetual injunction restraining the defendants from further selling or leasing the said land. The trial judge gave judgment for the plaintiff/respondent. Dissatisfied with the Judgment, the defendants appealed to the Court of Appeal. The Court of Appeal dismissed the appeal. Still no satisfied, the appellant appealed to the Supreme Court.
HELD
The appeal failed and was dismissed.
ISSUES
1. Whether evidence of a deceased in a previous case the judgment of which was later set-aside on appeal, and a new trial held without the witness being called proceedings under Section 34 of the Evidence Act, and if so, to what extend?
2. Whether the plaintiff/respondents tendered evidence of such quality and quantity which entitled them to the reliefs sought??
RATIONES DECIDENDI
THE FINDINGS OF FACT
“It is our law that the findings of fact are based on what the Court below sees as credible evidence which he accepts. The judge in the Court below is the master in that court and the Court of Appeal will be reluctant to interfere where there has been a proper evaluation of the evidence.” Per Mary Ukaego Peter-Odili, JSC
CASES CITED
POPOOLA v ADEYEM1 (1992) 8 NWLR Pt. 257 EL1BA v OGODO 1984 SCN.
STATUTES REFERRED TO
NONE