MOHAMMED OJOMU V. SALAWU AJAO
July 24, 2025JOSEPH AFOLABI & ORS V. JOHN ADEKUNLE & ORS
July 24, 2025Legalpedia Citation: (1983) Legalpedia (SC) 56101
In the Supreme Court of Nigeria
Tue Sep 6, 1983
Suit Number: SC. 32/1983
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
PARTIES
GAIUS EGEMASI & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The parties to this case claimed title to the disputed land by two separate suits which were subsequently consolidated. At the end of the trial, the learned trial judge awarded a decision in favour of the plaintiff for a declaration of title to the disputed land and ordered that the defendant his servants or agents be restrained from entering on the land
HELD
The Court set aside the decisions of the Federal Court of Appeal which was obtained by fraud in their entirety and in its place ordered the full restoration of the judgment of the trial court.
ISSUES
Whether the Federal Court of Appeal was right in setting aside the judgment of the trial court and entering judgment for the respondents herein solely on falsified record of appeal before that court.
RATIONES DECIDENDI
THE DUTY OF COUNSEL IN APPEAL
The duty of counsel to ensure that correct records of proceedings are before Appeal Courts cannot be over-emphasised.” Per Obaseki JSC
CASES CITED
STATUTES REFERRED TO
Supreme Court Rules
