J. A. MAKANJUOLA VS OYELAKIN BALOGUN

CORAM

ESO JUSTICE, SUPREME COURT

UWAIS JUSTICE, SUPREME COURT

WALI JUSTICE, SUPREME COURT

KARIBI-WHITE JUSTICE, SUPREME COURT

WALTER SAMUEL NKANU ONNOGHEN

PARTIES

J. A. MAKANJUOLA

ALHAJI BUSARI ADEROUNMU

APPELLANTS

CHIEF OYELAKIN BALOGUN

RESPONDENTS

AREA(S) OF LAW

APPEAL/ DECLARATION OF TITLE TO LAND /FRESH ISSUE ON APPEAL

SUMMARY OF FACTS

The parties identified the land in dispute with different names but there was however no dispute as to the identity of the land. The trial court dismissed the plaintiff’s case on this ground despite finding that it proved title to the land claimed.

HELD

The court held that the plaintiff was entitled to his claims as there was no dispute as to the identity of the land.

ISSUES

1. Whether the learned trial judge was right in his interpretation of section 324(2) (f) of the Criminal Code of Western Nigeria, that a bank manager who gives an overdraft to a customer without the previous approval of his directors steals the bank’s money;

2. Whether the bank’s customer who draws a cheque for an overdraft without the previous approval of the directors and gets the money, steals that money.

RATIONES DECIDENDI

WHEN THE COURT OF APPEAL WILL INTERFER THE FINDINGS OF A TRIAL COURT

The Court of Appeal had a duty to interfere with and correct erroneous conclusions reached upon by the learned trial judge where the facts found by him were wrongly applied to the circumstances of the case; or where the inferences drawn from those facts were erroneous- Wali J.S.C

PROOF OF IDENTITY OF LAND: WHERE PARTIES ARE AD IDEM.

Where the parties, by the evidence adduced, both oral and documentary, are ad idem on the identity of the land in dispute, the fact that different names are ascribed to it or that the area where it is located is called different names is not fatal to the case of the party claiming – Wali J.S.C.