OKWO EJIOFOR VS EZE ONYEKWE
August 16, 2025JOHN OKOYE VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 21569
In the Supreme Court of Nigeria
Fri Dec 15, 1972
Suit Number: SC. 221/1969
CORAM
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
FREDERICK OBAYAGBONAJOSEPH OSADOLOR (For themselves and on behalf of members of Plot Allotment Committee Ward 10/E Benin City) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs/Appellants instituted a suit for allotment of land (15/b/6) against the Defendants/Respondents the trial court found in favour of the plaintiffs but awarded costs in favour of the defendants. The Plaintiffs appealed.
HELD
The Court held that the appeal succeeds and costs of 200 guiness awarded in plaintiffs/appellants favour in the High Court and 139 guinea in the Federal Supreme Court.
ISSUES
Whether the trial judge was not in error to have held that “judgment for the plaintiffs against the defendants as claimed and subsequently hold that
“The Plaintiffs have not succeeded in respect of all the land said to be in dispute and the effect thereof is that the defendants have succeeded to the extent that the Plaintiffs have failed.”
RATIONES DECIDENDI
AWARD OF COSTS
“Costs shall be allowed to a successful plaintiff on the scale prosecuted for similar proceedings in a lower court in any action brought by him in the High Court which might have been tried in the lower court in its civil jurisdiction unless the judge is of the opinion that the action was one which it was proper to bring in the High Court and certifies accordingly.”- S. 56 High Court Law of the Western State
AWARD OF COSTS
“Whilst the award of costs is in the discretion of the learned trial judge, it is a settled principle that unless for good reasons a successful party may not be deprived of his costs”. Per Sowemimo JSC.
CASES CITED
STATUTES REFERRED TO
S.56 High Court Law, Western
Order 30 Rules 1,2 & 5
High Court Rule
