MUSILIU I. BASHUA V. DR. OLADIPO MAJA
August 6, 2025CHIEF J.K. ODUMOSU V. AFRICAN CONTINENTAL BANK LTD
August 6, 2025Legalpedia Citation: (1976-11) Legalpedia (SC) 09141
In the Supreme Court of Nigeria
Thu Nov 25, 1976
Suit Number: SC. 138/1976
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
FEDERAL COMMISSIONER FOR WORKS AND HOUSING
APPELLANTS
LABABEDI & ORS
RESPONDENTS
AREA(S) OF LAW
LAND LAW-PROOF OF TITLE TO LAND
SUMMARY OF FACTS
The appellant laid claim to a parcel, his claim was supported by the historical title traced to his predecessor, the documentary evidence and acts of ownership. The respondent also laid claim to the same parcel of land
HELD
The court held that the respondents claim failed because his evidence was not sufficient to prove his claim and title to the land in dispute judgement ought to be given for the appellant.
ISSUES
Not Available
RATIONES DECIDENDI
APPEAL ON FINDINGS OF FACTS – DUTY OF THE APPELLATE COURT
“In appeals on findings of fact, the attitude of the Court of Appeal is one of caution and of reluctance in interfering with facts found by the trial courts. But where there is an obvious error in appraisal of oral evidence and ascription of probative values to such evidence, or where an improper or imperfect use has been made of the opportunity of seeing and hearing the witnesses or where wrong conclusions have been drawn from accepted or proved facts or where the learned trial judge has approached the determination of those facts in a manner which those facts cannot and do not in themselves support, the Court of Appeal in those circumstances is entitled to and indeed has a duty to interfere and set aside the findings. PER OBASEKI JSC
CASES CITED
1. AKINOLA &ORS V. FAGBOYINBO OLUWO & ORS (1962) ALL NLR 264
2. FASHANU V. ADEKOYE (1974) 1 ALL NLR (PT 1) 41
3. OGBERO EGRI V. EDEDHO UPERI (1974) VOL 1 NMLR 22
4. CHIEF SHOGBON FABUMUYI &ANOR V.FATUMO OBAJE &ANOR (1961) NMLR 242
5. BENMAX V. AUSTIN MOTORS CO. LTD (1955) AC 370
6. LAWAL BRAIMOH FATOYINBO & ORS V. SELIATU ABIKE WILLIAMS (1965)1 FSC 67
STATUTES REFERRED TO
Not Available
