ATTORNEY GENERAL OF THE MID-WESTERN STATE VS CHIEF SAM ESI
August 6, 2025YESUFU ANLA V SALAMI AYANBOLA
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia (SC) 26101
In the Supreme Court of Nigeria
Mon Apr 11, 1977
Suit Number: SC. 308/1973
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
MRS. D.M. AIGBE
APPELLANTS
BISHOP JOHN EDOKPOLOR
RESPONDENTS
AREA(S) OF LAW
NON-SUIT-CUSTOMARY LAW-CUSTOMARY ALLOCATION OF LAND
SUMMARY OF FACTS
The appellant bought land according to Bini customary law. The respondent claimed to have acquired the same land and paid compensation for the economic trees according to the custom of the Binis which the appellant did not pay. The trial judge non-suited the appellant.
HELD
The court held that the appellant acquired legal estate in the land in dispute under Bini customary law and payment of compensation for economic trees was not evidence of ownership.
ISSUES
1. Whether the appellant acquired a legal estate in the land in dispute
2. Whether the court has the jurisdiction to non-suit the appellant
RATIONES DECIDENDI
TRANSFER OF LEGAL ESTATE UNDER THE BINI CUSTOMARY LAW
There was clear and unchallenged evidence that it is only the Oba who can under the Bini customary law, transfer the legal estate in any given Bini communal land to a purchaser on the recommendation of his agents (the appropriate plot committee or the appropriate village elders) and that such transfer of the legal estate is effected on the endorsement by the Oba of his approval on the purchasers written application (fully recommended by the appropriate Plot Committee or the appropriate village elders) . payment of compensation for economic trees on the land purchased to the owners thereof is according to the evidence and long settled customary laws of the Binis only a precondition to the land in question. PER IDIGBE JSC
ORDER OF NON SUIT
Although courts may non-suit where the rules of court, provides them with the powers to enter a non-suit, unfettered discretion to do so, undoubtedly is wrong. To do so without first hearing counsel on both sides and especially more so in case where counsel for the plaintiff has not asked for such an order .PER IDIGBE JSC
CASES CITED
VIDE CLARA EREWA &ORS V. J.L.IDEHEN & ORS SC 130/69 OF 28TH MAY 1971
CLARK V. ARTHURS ENGINEERING LTD (1959)2 Q.B 211
CHIEF DOKUBOH AKILE ASIEMO &ORS V. CHIEF ANTHONY AMOS &ORS (1975) 2 SC 571
STATUTES REFERRED TO
Not Available
