MADUBUONWU V NNALUE
June 27, 2025BERNARD DAN-JUMBO VS DR STEPHEN DAN- JUMBO & ORS
June 27, 2025Legalpedia Citation: (1999-09) Legalpedia 70982 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Sun Sep 12, 1999
Suit Number: SC 122/1993
CORAM
A.B. WALI, JUSTICE SUPREME COURT
I.L. KUTIGI, JUSTICE SUPREME COURT
U. MOHAMMED, JUSTICE SUPREME COURT
S.U. ONU, JUSTICE SUPREME COURT
A.I. IGUH, JUSTICE SUPREME COURT
PARTIES
MADAM EUNICE ENABULELE
APPELLANTS
MADAM OMOYEVBESE AGBONLAHOR
RESPONDENTS
AREA(S) OF LAW
LAND LAW-DECLARATION-DAMAGES-TRESPASS-INJUNCTION
SUMMARY OF FACTS
The respondent brought an action for trespass to land and a declaration that she is the one entitled to a statutory right of occupancy of the piece of land against the appellant
HELD
The Court held that although as a general rule priority under Bini Native Law and Customary depend on date of Oba’s approval but in the instant ease the respondent showed a better title and so was rightly given priority by the learned trial Judge and accordingly dismissed the appeal.
ISSUES
1. Whether having regard to Exhibits A and G the Respondent has established a prior title under Benin customary law as to defeat the interest of the Appellant and her predecessors in title on the land in dispute.
2. Whether taking cognisance of the whole evidence before the court the Plaintiff/Respondent has proved her claim under Benin Customary Law as to entitle her to the declaration and injunction sought.
RATIONES DECIDENDI
ON ATTITUDE OF APPELLATE COURT TO CONCURRENT FINDINGS OF THE TWO LOWER COURTS
‘…it is the settled policy and attitude of this court not to interfere with the concurrent findings of fact of lower courts unless such findings occasion miscarriage of justice and/or are violations of principles of law and practice which are alleged and substantiated by the appellants…’ Onu, JSC
CASES CITED
Aigbe v. Edokpolo (1977) 2 SC. 1 at 3;
Arase v. Arase (1981) 5 SC. 33;
Okeava v. Agaebor (1970) 1 All NLR 1 at 8-10 (Reprint);
Atiti Gold v. Osaseren (1970) 1 All NLR 132; (1971) UILR. 131;
Akhionbare v. Ontoregie (1976) 12 SC. 11 at 28;
Bello v. Eweka (1981) 1 SC. 101
Awoyegbe v. Ogbeide (1988) 1 NWLR (Part 73) 695.
Bello v. Eweka (1981) 1 SC. 101 at 129
STATUTES REFERRED TO
Evidence Act Cap. 112 Laws of the Federation, 1990
