Legalpedia Citation: (2009) Legalpedia (SC) 61191
In the Supreme Court of Nigeria
Fri Jul 17, 2009
Suit Number: SC.196/2004
CORAM
JOHN AOLFABI FABIYI , JUSTICE, SUPREME COURT
PARTIES
JOSEPH OYEWOLE APPELLANTS
KARIMU AKANDE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant as plaintiff brought an action for possession of 8 shops and one living room. The trial judge gave judgment in favour of the plaintiff in line with his claim.
The respondent dissatisfied with the decision, appealed to the Court of Appeal which allowed the appeal, the appellant has further appealed.
HELD
Appeal dismissed
ISSUES
1.Whether or not the court below correctly set aside the findings of fact made by the trial court. ?
RATIONES DECIDENDI
SUBSTITUTION OF FACTS OF TRIAL COURT BY APPELLATE COURT
An appellate court should not ordinarily substitute its own views of fact for those of the trial court. Per FABIYI, JSC
TRACING OF FAMILY LINE THROUGH MATERNAL LINE
There is no customary law which forbids a Yoruba man from tracing his membership of a family along his maternal line. Per OGUNTADE, JSC
CASES CITED
Nneji v. Chukwui (1996) 10 NWLR (Pt. 378) 265
STATUTES REFERRED TO
None