SUNDAY AMALA V. THE STATE
June 11, 2025DR. THOMPSON OBIDAIRO) & ANOR V MRS. ESTHER O. ADEBAYO BAKARE) & ANOR
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 44018
In the Supreme Court of Nigeria
Tue Jun 22, 2004
Suit Number: SC. 117/2000
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT
PARTIES
1. JOHN ONYENGE2. ANDREW AMADI3.IKECHI NWACHI (For themselves and on behalf of Umungede Family, Uwaza in Ukwa LGA of Abia State) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In line with the agreement of the parties, the plaintiffs in accordance with custom took oath to establish that the land in dispute was pledged to the defendants.
HELD
The court held that oath taking is recognized under customary arbitration and since the plaintiffs had survived same, under nature law and custom, their story of pledge was deemed to be the truth.
ISSUES
1. Were the learned justices of the Court of Appeal right when they held that the Plaintiffs proved the ownership of the land in dispute by oath taking and that the applicable custom to the oath administered by the juju priest from Okija in Anambra State was that of Ukwa people and not that of the people of Okija in Anambra State?2. Were the learned justices of the Court of Appeal right when they held that the Appellants could be held liable in trespass when there was evidence that they were in exclusive possession of the land in dispute?
RATIONES DECIDENDI
CASES CITED
1. Okechukwu and Sons V. Ndah (1967) NMLR 368;2. Osawaru V. Ezeiruke (1978) 6-7 SC 135;3. Atana V. Amu (1974) 10 SC 237;4. Fashanu V. Adekoya (1974) 6 SC 83;5. Akinfosile V. Ijose (1960) 5 FSC 1926. Ume V. Okoronkwo (1996) 12 SCNJ 4047. Oparaji V. Ohanu (1999) 9 NWLR (Pt. 618) 290
STATUTES REFERRED TO
NONE
