CHIEF ADEYEMI LAWSON & ANOR VS CHIEF AYODELE AJIBULU & ORS
July 3, 2025YUSUF AMUDA VS ALHAJI ABDULKADIRI ADELODUN & ANOR
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 19941
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu May 29, 1997
Suit Number: SC.309/1990
CORAM
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
A.I. IGUH
PARTIES
ITYOSUWE HAAV APPELLANTS
KEMA KUNDU RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The respondent/plaintiff ‘s claim was for a right of occupancy of the land, a farmland, upon which the appellant encroached.
HELD
I therefore find no merit in this appeal and I dismiss it. I uphold the decision of the Court of Appeal. I award N1,000.00 as costs against the appellant in favour of the respondent.
ISSUES
If the findings of the trial court are in contradiction to the evidence before it.
RATIONES DECIDENDI
WHEN THE FINDINGS OF THE TRIAL COURT ARE IN CONTRADICTION TO THE EVIDENCE BEFORE IT
That is why it is always an error to interfere with the findings of the trial court on facts unless in certain circumstances. If the findings of the trial court are in contradiction to the evidence before it, the appellate court will set it aside.
MATTERS ON CUSTOMARY LAW
In all matters on customary law, otherwise referred to as “native law and custom”, the Area Court of the locality is presumed to know the applicable law.
CASES CITED
Kimdey v. Military Governor, Gongola State (1988) 2 NWLR (Pt. 77) 4-45; Oilfield Supply Centre Ltd. v. Johnson (1987) 2 NWLR (Pt.58) 625; Omorhirhi v. Enatevwere (1988) 1 NWLR (Pt.73) 746; Overseas Construction Ltd v. Creek Enterprises Ltd. (1985) 3 NWLR (Pt.13) 407].Aladegbemi v. Fasanmade (1988) 3 NWLR (Pt. 81) 129; Ogbechie v. Onochie (1986) 2 NWLR (Pt. 23) 484).
STATUTES REFERRED TO
Not Available.|
