CORAM

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SIR D.A.R. ALEXANDER

SIR D.A.R. ALEXANDER

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PARTIES

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1. EMAVWORHE ETAJATA

2. JACOB OMONUWA ORHORHAWORIN

3. JOHNSON OLOGBO.

APPELLANTS 

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 PETER IGBINI OLOGBO & ANOR

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The dispute arose over allegation by the respondents that the appellants sold portions of the family land in a village at Ughelli Local Government and failed to account for the proceeds of the sales to the family.      ?

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HELD

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The Supreme Court held that the Court of Appeal was right in accepting the finding of the trial court that the land in dispute belonged to the Omovwiare family. The failure of the Court of Appeal to pronounce upon all the issues formulated by the Appellant will not vitiate the judgment since it did not occasion a miscarriage of justice.

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ISSUES

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1. Whether an omission to pronounce on that issue by the court below did not amount to a denial to fair hearing, thereby occasioning a miscarriage of justice.2. Whether Exhibit ‘A’ was inadmissible, null and void or worthless.3. Whether the Court below was right in its variation of the award/order made by the trial Court. 4. Whether the judgment of the Court of appeal affirming/confirming the judgment of the trial court was wrong having regard to the pleadings and evidence on record.5. Whether the Court of appeal was wrong in using Exhibit D and the evidence of P.W. 5, to uphold the findings of the trial court that the land in dispute belongs to Omovwiare family.?

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RATIONES DECIDENDI

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WHEN THE COURT OF APPEAL CAN ASSUME JURISDICTION OF A TRIAL COURT

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“Although it is desirable for an appeal court to consider all issues placed before it, each distinctly and on its merit, there is no law prohibiting such a Court to treat issues together as the facts and circumstances of the case may demand. It is a normal and perfect practice so long as it does not tantamount to a denial of fair hearing or cause a miscarriage of justice to any of the parties.” Per I. T. MUHAMMAD, JSC

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“RECEIPT OF”

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“To constitute a receipt of anything there must be a person to receive and a person from whom he receives, and something received by the former from the latter and that something must be a sum of money.” Per I. T. MUHAMMAD, JSC

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CASES CITED

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1. Brawal Shipping v. Onwadike Co. (2000) 6 SCNJ , 508 at page 5222. Fadlallah v. Arewa Textiles Ltd. (1997) 7 SCNJ, 2023. Onuaguluchi v. Ndu (2001) 3 SCNJ 110 at pages 119-1204. Ogunbambi v. Abowab 13 WACA 222 at 224

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STATUTES REFERRED TO

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NONE

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