J.B. ATANE & ANOR V. J. W. AMU
August 11, 2025B. C. ONYIUKE V. EASTERN STATES INTERIM ASSETS AND LIABILITIES AGENCY
August 11, 2025Legalpedia Citation: (1974-10) Legalpedia (SC) 11980
In the Supreme Court of Nigeria
Thu Oct 31, 1974
Suit Number: SC. 2/1974
CORAM
BOONYAMIN OLADIRAN KAZEEM JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
DOMINIC UGWU
OKORO OMUYA
OKORO AGBO
NWUKWUALU
ANI NWITOBO
CHRISTIAN UGWU
JOSEPH OKOLO
LUKE UGWU
RAPHAEL UGWU
APPELLANTS
EGBUABA IGWE OGBUZURU
EGBUABA EDE NWALIEKE
ALO OKPUBE
IGWE NNAMENE
RESPONDENTS
AREA(S) OF LAW
APPEAL – COURT – APPELLATE COURT’S ATTITUDE TO FINDINGS OF THE LOWER COURT
SUMMARY OF FACTS
The plaintiffs claimed title to the land in dispute and relied on survey plan the admissibility of which was not challenged. The defendants also gave evidence that the plaintiffs had tenant on parts of the land.
HELD
The court held that the lower court drew proper inferences from the evidence led at trial and dismissed the appeal.
ISSUES
Whether the learned trial judge was right in awarding title to the land in dispute to the plaintiffs.
RATIONES DECIDENDI
WHEN THE SUPREME COURT WILL INTERFERE WITH THE FINDINGS OF THE LOWER COURT
The arguable area of grounds of complaints depends on a distinction being made between inferences drawn on fact and direct findings of fact based on an assessment of the credibility of witnesses as contained in the judgment of the lower court. While this court will freely reverse the judges findings in the former case, in the latter case it will seldom do so and even then, only with great reluctance. – Sowemimo J.S.C
CASES CITED
Mathew Akubueze and Others v. Nzonwanene Nwakuche (1959) 4 F.S.C. 262 CMCMCMCM
STATUTES REFERRED TO
Not Available
