ALHAJI RAJI ODUOLA & ORS V. IBADAN CITY COUNCIL & ANOR
August 4, 2025ANDREWS O. ABURIME V. NIGERIAN PORTS AUTHORITY
August 4, 2025Legalpedia Citation: (1978-04) Legalpedia (SC) 01202
In the Supreme Court of Nigeria
Fri Apr 21, 1978
Suit Number: SC. 98/1976
CORAM
OBASEKE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
CHRISTOPHER OKOLO
APPELLANTS
EUNICE UZOKA
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW-EVIDENCE
SUMMARY OF FACTS
The plaintiff (appellant) claimed against the defendant (respondent) a declaration of customary title of ownership to a parcel of land situate, £100 damages for trespass; and perpetual injunction to restrain the defendant and her agents from further acts of trespass to the said land.
HELD
The Supreme Court held that the finding of the learned trial Judge that there was no sale transaction with the appellant in respect of the land in dispute and that the respondent never committed any act of trespass on appellants land was perfectly justified by the evidence.
ISSUES
Whether the learned trial Judge erred in accepting the respondents case
RATIONES DECIDENDI
APPEAL AGAINST THE FINDINGS OF FACTS
“To succeed in any appeal against the findings of facts, it must be shown that in the performance of its (his) primary duties of appraisal of oral evidence and ascription of probative values to such evidence that the court of 1st instance (the learned trial Judge) made imperfect use or improper use of the opportunity of hearing and seeing the witnesses, or has drawn wrong conclusions from accepted or proved facts which those facts do not support or indeed has approached the determination of those facts in a manner which those facts cannot and do not in themselves support.” Per FATAYI-WILLIAMS
CASES CITED
Fashanu v. Adekoya (1974) 1 All NLR Pt. I page 35 at page 41
Omoregbe v. Edo (1971) 1 All NLR 282 at 289).
STATUTES REFERRED TO
Not Available
