JOSEPH AYANBOYE & ORS VS MURITALA OLADIPO BALOGUN
July 15, 2025OKAMBAH LIMITED VS ALHAJI GANIYU A. SULE
July 15, 2025Legalpedia Citation: (1990) Legalpedia (SC) 75234
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Wed Nov 21, 1990
Suit Number: SC. 92/1986
CORAM
O. ACHIKE – JUSTICE, SUPREME COURT
M.L.UWAIS – JUSTICE, SUPREME COURT
P. NNAEMEKA-AGU – JUSTICE, SUPREME COURT
O. OLATAWURA – JUSTICE, SUPREME COURT
A.G.O. AGBAJE – JUSTICE, SUPREME COURT
O. OLATAWURA, JUSTICE SUPREME COURT
PARTIES
LADEJO ONIFADE (For himself and on behalf of the of Members of Amosun Family)
APPELLANTS
1. ALHAJI ALIMI OLAYIWOLA
2. SUPO BAKARE
3. AKINLOYE ADEYEMI
4. CHIEF ALHAJI M.A. ADETUNJI
5. MOSOBALAJE OLOJEDE
6. OLAJIRE SANGODIRAN
7. OLADEJI OJESANMI
RESPONDENTS
AREA(S) OF LAW
APPEAL – BRIEF OF APPEAL WITH GROUNDS OF APPEAL WITHOUT ISSUES FOR DETERMINATION- STATUS OF.
SUMMARY OF FACTS
In an action for trespass against interest in land brought by the appellant/plaintiff at the trial court, it was held that he failed to prove his claim thus his claim was dismissed. On further appeal to the court of appeal the decision of the trial court was affirmed, he has further appealed to the Supreme Court. Some of the issue arising therefrom is as to whether a brief of argument which does not contain Issues for determination or failure to show how an adverse decision led to a miscarriage of justice on the appellant. In a considered judgment the court held as below.
HELD
APPEAL DISMISSED
ISSUES
Whether the Court of Appeal should consider appellant’s brief of argument with or without argument?
RATIONES DECIDENDI
WHEN AN APPEAL MAY BE DISMISSED
“……….. A ground of appeal or a point in the appeal may succeed, but, if it is not shown to have been substantial or material in the sense that it has occasioned a miscarriage of justice, the appeal will still be dismissed”. (Per Nnaemeka-Agu, JSC)
CASES CITED
1. Osinupebi v. Saibu (1982) 7 SC 104, p.110.|2. Ugo v. Obiekwe (1989) 1 NWLR (Pt. 99) 566.|3. Onajobi v. Olanipekun (1985) 4 SC (Pt. 2) 156, at p.163.|4. Adejumo v. Ayantegbe (1989) 6. SC (Pt. 1) 76; 3 NWLR (Pt.110) 417|5. Okpala V. Ibeme (1989) 2 NWLR (Pt.102) 208, p.222.|6. Ex parte Whybrow & Co. & Ors. (1910-l9l1) 11 CLR1, at pp 34-35.|7. Sir Abubakar Tafawa Balewa v. Chief T. Adebayo Doherty (1963) 2 SCNLR.155; (1963) 1 WLR.949.|8. Standard Consolidated Dredging and Construction Co. Ltd. v. Katonecrest Nigeria Ltd. (1986)5 NWLR (Pt. 44) 791|9. Ejowhomu v. Edok-Eter Mandilas Ltd. (1986) 5 NWLR (Pt.39) 1.|10. Chukwuma Okwudili Ugo v. Amamchukwu Obiekwe & Anor. (1989) 2 SCNJ 95 at pp.103-104; (1989)1 NWLR (Pt.99) 566|11. Moulton v. Graham 22 TLR 380, at p.384|12. Kisiedu & Ors. v. Dompreh & Ors. 2 WACA 253; Akesse v. Ababio 2 WACA 264.|13. John Nwachukwu & Anor v. Michael Abara & Ors. (1976) 2 SC 157.|14. His Highness Oba Lamidi Olayiwola Adeyemi & Ors. v. The Attorney-General of Oyo State & Ors. (1984)1 SCNLR 525.|15. Henry Stephens Eng. Ltd. v. Complete Home Ent. Nig. Ltd. (1987)1 NSCC 21, at p.28; (1987)1 NWLR (Pt. 47) 40
STATUTES REFERRED TO
NONE|
