WAMADI N. EJILEMELE V BELEME H. E. OPARA
June 16, 2025PRINCE OLUFEMI FASADE & ORS V PRINCE IYIOLA BABALOLA
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 95111
In the Supreme Court of Nigeria
Fri May 2, 2003
Suit Number: SC. 40/1999
CORAM
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
1. ISSAC GAJI2. LADI GAJI3. AYUBA GAJI (FOR AND ON BEHALF OF GAJI FAMILY) APPELLANT(S) / DEFENDANT(S)
PLAINTIFFS / RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the judgment of the Court of Appeal in Abuja Judicial Division delivered on 16th day of April 1996, wherein it set aside the decision of the trial High Court of the Federal Capital Territory delivered on 24th of September 1993 and entered judgment in favour of the Plaintiff.?
HELD
Appeal dismissed.?
ISSUES
Whether the lower court was justified in reversing the finding of the trial court that the property in dispute is family property and not the personal property of the 1st Appellant.?
RATIONES DECIDENDI
ISSUE OF JURISDICTION CAN BE RAISED WITH OR WITHOUT LEAVE OF THE COURT
“The general principle is that when a party seeks to file and argue in this court any fresh issue not canvassed in the lower courts whether that issue pertains to land or otherwise, leave to file and argue the issue must be had and obtained first. But where the point or issue sought to be raised relates to the issue of jurisdiction, the point or issue can properly be filed and argued with or without the leave of the court even if it s being raised for the first time.” Edozie, JSC.
DUTY OF TRIAL COURT IN ASSESSING EVIDENCE
As a general principle of law, the evaluation of evidence and the ascription of probative value to such evidence are the primary functions of a trial court, which saw, heard and assessed the witnesses. Per D.O. Edozie J.S.C.
MEANING OF QUID QUID PLANTATOR SOLO SOLO CEDIT
The principle quid quid plantator solo solo cedit implies that once the plaintiff is adjudged to be the rightful owner of the land, the land together with what is on it automatically becomes his. Per D.O. Edozie J.S.C.
CASES CITED
Whether the lower court was justified in reversing the finding of the trial court that the property in dispute is family property and not the personal property of the 1st Appellant.?
STATUTES REFERRED TO
NONE
