T. M. ORUGBO V. BULARA UNA & ORS
June 18, 2025OLATUNBOSUN ISHIAQ V SERGEANT FREDRICK EHITOR & ORS
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 41164
In the Supreme Court of Nigeria
Fri Sep 20, 2002
Suit Number: SC. 118/1998
CORAM
MICHAEL EKUNDAYO OGUNDARE, CHIEF JUSTICE, NIGERIA
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
EUGENE NNAEKWE EGESIMBA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff and the defendant both claimed title to the land in dispute in respect of which there had been a customary arbitration which ended in favour of the defendant.
HELD
The court held (Tobi J.S.C dissenting) that the Customary Arbitration which ended in favour of the defendant created estoppel against the plaintiff. ?
ISSUES
[1] Whether failure by the appellants to file a Reply to the Statement of Defence amounted to an admission of a grant or relieved the respondent of his duty to prove a grant of the land.[2] Whether the respondent proved a binding customary arbitration in his favour as against the appellant’s assertion that there was no customary arbitration.[3] Whether the appellant proved the value of the Iroko tree felled and sawed by the respondent.?
RATIONES DECIDENDI
EFFECT OF CONTRADICTIONS IN TESTIMONY
Not all contradictions result in the rejection of the evidence of a witness but only those that are material and result in a miscarriage of justice -Ogundare J.S.C
INGREDIENTS OF CUSTOMARY ARBITRATION
(i) voluntary submission of the dispute to the arbitration of the individual or body;
(ii) agreement by the parties either expressly or by implication that the decision of the be accepted and binding;
(iii) that the arbitration was in accordance with the custom of the parties and
(iv) that the arbitrators reached a decision and published their award. – Ayoola J.S.C
EFFECT OF CUSTOMARY ARBITRATION
Customary arbitration by elders of the community is one of many African customary modes of settling disputes and once it satisfied the necessary requirements indicated above as in the case, its decision shall have a binding effect, and has the same authority as the judgment of a judicial body having binding effect on the parties and thus create an estoppel – Ayoola J.S.C
CASES CITED
Ohiaeri v. Akabeze [1992] 23 NSCC (pt. 1) 139 Agu v. Ikwewibe [1991] 22 NSCC (pt. 1) 385Igah & Ors. v. Chief Ezekiel Amakiri (1976) 11 SC1 Egbuna v. Egbuna (1989) 2 NWLR (Pt. 106) 733Agu v. Ikewibe [1991] 1 NSCC 385, 400.
STATUTES REFERRED TO
NONE
