CORAM
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
BOONYAMIN OLADIRAN KAZEEM, JUSTICE, SUPREME COURT
SAIDU KAWU, JUSTICE, SUPREME COURT
PARTIES
IHEAGUTA U. NWAGWU ADOLPHUS EZEUHU NWANGWU
APPELLANTS
OHAZURIKE OKONKWO & ORS
RESPONDENTS
AREA(S) OF LAW
LAND LAW- PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The appellant sued the respondent inter alia for declaration of title to land, injunction. The court dismissed the claim and the appellant appealed to the court of appeal which also dismissed the appeal, hence this appeal.
HELD
Dismissing the appeal.
ISSUES
Was the transaction between the parties a pledge of land per se to the Respondents ancestors Kpagha as compensation for the human being which he gave to the people of Aguneze as atonement for the murder of their own son?
RATIONES DECIDENDI
PLEDGE OF LAND
If the transaction was a pledge of land per se in return for a loan of money, the land is redeemable however long it may be in the possession of the pledgee. Per Kazeem JSC
TWO CONCURRENT FINDINGS OF FACT
Two concurrent findings of fact in favour of a party should not be disturbed unless there is some miscarriage of justice, or violation of some principles of law or procedure. . Per Kazeem JSC
CASES CITED
Okoiko & Anor. v. Esedalue & Anor (1974) 1 All N.L.R. (Part 1) 452
Agbo Kofi v. Addo Kofi (1933) 1 W.A.C.A. 284
Mogo Chinwendu v. Nwanegbo Mbamali (1980) 3 SC.
Ukpe Ibodo & Ors. v. Enarofia & Ors. (1980) 5 – 7 S.C.42 at p.55;
Enang v. Adu (1981) 11 – 12 SC.25 p.42;
Okagbue v. romaine (1982) 5 S.C.133 at pages 170 – 171;
Lokoyi v. Olojo (1983) 8 S.C. 61 at pages 68 – 73;
Olomu v. Ajao (1983) 9 S.C. at p.53
STATUTES REFERRED TO