CORAM

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SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT

EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT

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PARTIES

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MOHAMMED OLADAPO OJENGBEDE APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Appellants claimed against the respondents; Declaration that he is the person entitled to the grant of Certificate of Statutory right of occupancy in respect of the land in dispute, injunction and damages for trespass. He claimed to have bought the land from Lokoyi Family, original owners. Defendants claimed to be part of Lokoyi family and that the land in dispute had been partitioned and allotted to them.

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HELD

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There is no substance whatever in the charge of bias or want of fair hearing leveled against the learned trial Judge

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ISSUES

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1)Whether the Lower Court was not right in dismissing the appellant’s appeal on the ground of bias and whether there was any basis upon which the lower court could hold that the trial was unfair or that same was a breach of appellant’s right to fair hearing? 2)Whether the lower Court was not correct in its conclusion that Exhibit “J” was not the only document relied upon by the trial Court and that without it the Respondent’s defence that the land had been partitioned was otherwise proved?”

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RATIONES DECIDENDI

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GROUND OF APPEAL.

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3) It is not every mistake or error in a judgment that will result in the appeal being allowed. It is only when the error is substantial in that it has occasioned a miscarriage of justice that an appellate court is bound to interfere

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ALLEGATION OF LIKELIHOOD OF BIAS.

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1) In cases involving allegations of bias or real likelihood of bias, there must be cogent and reasonable evidence to satisfy the court that there was in fact such bias or real likelihood of bias as alleged. PER ANTHONY I. IGUH, JSC

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PARTITION OF COMMUNAL LAND- WHO HAS ONUS TO PROVE SAME

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2) where a plaintiff, as in the present case, leads evidence to the effect that a land in dispute is communal, the onus is squarely on the defendant who claims ownership thereof to establish that the land belongs to him exclusively. PER ANTHONY I. IGUH, JSC

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CASES CITED

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Udeakpu Eze v. Igiliegbe and others (1952) 14 W.A.C.A. 61 Onajobi v. Olanipekun (1985) 4 S.C. (Part 2) 156 at 163, Ezeoke v. Nwagbo (1988) 1. N.W.L.R. (Part 72) 616 at 630

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STATUTES REFERRED TO

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Section 33(1) of the Constitution of the Federal Republic of Nigeria, 1979

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