ADAMA DIPCHARIMA & ANOR VS ALHAJI UMAR ALI & ANOR
August 12, 2025IN RE: OLAWALE ONILE – ERE VS OLADAPO WILLIAMS
August 12, 2025Legalpedia Citation: (1974-03) Legalpedia (SC) 10819
In the Supreme Court of Nigeria
Fri Mar 22, 1974
Suit Number: SC. 155/1973
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
FRANKLIN O. ATANDA
APPELLANTS
ALLI AKANMI
RESPONDENTS
AREA(S) OF LAW
PRACTICE & PROCEDURE- SECT 18 OF EDICT NO 15 OF 1967
SUMMARY OF FACTS
The Plaintiff is the Oye of Ifon land. They instituted a suit to restrain the defendant (who also battled for the position of Oye of Ifon land) from going onto the land known as Elepe Land as it is STOOL LAND and not family land as the defendant claim. The land is argued to be used by the incumbent Oye of Ifon land. The case was ordered by the Court of Appeal for retrial twice.
HELD
The appeal was allowed. The Court held that the Court of Appeal did not make a correct judicial exercise of its discretionary power. The order for retrial by court of appeal was set aside and the Plaintiffs claim was non-suited.
ISSUES
Whether the learned trial Justices of the Western State Court of Appeal erred in law and acted on wrong principles in the exercise of their discretion to Order a retrial of the case the second time instead of dismissing or non-suiting the Plaintiff when the Plaintiff has failed to prove his case.
Whether the order of retrial is oppressive and not a proper exercise of judicial discretion having regard to all the circumstances of the case and accordingly wrong in law.”
RATIONES DECIDENDI
GRANTING OF ORDER NOT SOUGHT
“We are of the view that if a Court of Appeal intends to make an order other than that set out in the relief sought by the appellants in a case, then both sides ought to be used to address the Court of Appeal on such relief.” Per SOWEMIMO, JSC.
CASES CITED
Not Available
STATUTES REFERRED TO
Western State Court of Appeal Edict WN No.15 of 1967
