CORAM
ANTHONY IKECHUKWU IGUH, JUSTICE OF THE SUPREME COURT
PARTIES
1. MARCUS OPUIYO
2. SOTONYE OPUIYO
3. MICHAEL OPUIYO [For themselves and as representing theAMASO family of Ogoloma, Okrika).
APPELLANTS
JOHNSON OMONIWARI & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal is against the concurrent findings fo the lower courts to the effect that the appellants failed to proof their title to the land in dispute. The Supreme Court held inter alia as hereinbelow stated.
HELD
Appeal dismissed
ISSUES
Was there a miscarriage of justice to the fair and proper hearing of the appellants’ case in the treatment of only one (1) narrow issue by the Hon. Justices of the Court of Appeal instead of all the material issues raised by the parties and does this vitiate the judgment of the said Court of Appeal?Was the Court of Appeal right to have ignored the complaint ab initio of the appellants that the learned Judge’s adopted approach did not conform with law particularly the guidelines in Mogaji v. Odofin [1978] 4 S.C. 91 at 93/95.Whether this appeal is competent having regard to the failure of the appellants to obtain leave of this Honourable Court or the Court below in accordance with section 233(3) of the Constitution of the Federal Republic of Nigeria, 1999.Whether the solitary issue considered by the Court of Appeal regarding the trial court’s evaluation of evidence of traditional history in this case is enough and necessary to dispose of this appeal. ?
RATIONES DECIDENDI
NEED TO OBTAIN LEAVE TO APPEAL ON GROUNDS OF MIXED LAW AND FACT
“It is now settled law that this court cannot hear an appeal on grounds of mixed law and fact unless leave of the court or the Court of Appeal has been obtained”. (Per Oguntade JSC)
CASES CITED
1. Ojemen v. Momodu [1983] 1 SCNLR 1882. Customs v. Barau 1982 10S.C. 483. Mogaji v. Odofin (1978) 4 S. C. 91 at 93/95.4. Madukolu & Ors. v. Nkemdilim [1962] All NLR (Pt. 2) 581 at 589-590.5. Oluwole v. L.S.D.P.C. [1983] 5S.C.I and 6. Adejumo v. State [1983] 5 S.C.24
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria, 1999