CORAM

SYLVESTER UMARU ONU JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT

IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT (Lead Judgment)

PARTIES

1. IWUORIE IHEANACHO2. JEROME MBAERI3. OSUCHUKWU AHAMEFULE4. IGBOJIONU UKWUEGBU5. CHRISTOPHER EZIBE6. UCHECHUKWU OMEMMA7. ICHIE DAMIAN MBAERI (For themselves and as representing the others members of Umudim Amagwu Imeowere Isu Njaba, Nkwere Isu L.G.A) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondents’ claims title to the chieftaincy stool in dispute but admitted that the staff of office of had been in the possession of the appellant. The lower courts gave judgment in favour of the respondent on the ground that the appellant did not establish title to the office.

HELD

The court held the findings of the lower courts were not supported by evidence because the symbol of the office in dispute was in the appellants’ family which the Respondents admitted was usually in possession of the incumbent.

ISSUES

1.  Whether the High Court having found that the custody of the Ofo diokwara Imeowere was a live issue at the trial ought not to have proceeded to make a specific finding as to the person in possession and the value or the Court of Appeal ought not to have made a specific finding as to the importance of the custody in the context of the case instead of affirming the finding of the trial court that “The custody of Ofo as physical object is a non – issue2.  Was the Court of Appeal right to affirm the obvious misapplication of the Rule in KOJO V. BONSIE by the High Court.?

RATIONES DECIDENDI

CASES CITED

1. K.A. Onamade & Anor. V. African Continental Bank Ltd (1997) 1 NWLR (Part 480) 123 and Akaniwo V. Nsirim (1997) 9 NWLR (Part 520) 2552. KOJO V. BONSIE 1957 1 WLR 123 at 12263. Madubuonwu V. Nnalue (1992) 8 NWLR (Part 260) 440 at 449 G-H. 4. Mogaji V. Cadbury Nigeria Ltd (19S5) 2 NWLR (Part 7) 3935. Sanusi V. Ameyogun (1992) 4 NWLR (Part 237) 527 at 548

STATUTES REFERRED TO

None. ?

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