CORAM

M.L. UWAIS

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

O. OLATAWURA JUSTICE, SUPREME COURT

PARTIES

N.O. OGUNBIYI APPELLANTS

ABDULKADIR ISHOLA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant bought a land/house from Mrs. Bolaji Husu at No. 53, Oyo Bye Pass (new Taiwo Road), Ilorin in 1963 and that the said Mrs. Bolaji Husu issued him with a receipt title “Iwe Eri” apart from which, the appellant had no conveyance or any other agreement to witness the sale.

HELD

In the result, this appeal fails and it is accordingly dismissed with N 1,000 costs to the respondent.

ISSUES

1. Did grounds 2, 3, 4, 5 and 6 canvassed at the Court of Appeal raise substantial issues of law or were they omnibus in nature. 2. Did the lumping of the 5 grounds of appeal under one fell swoop occasion substantial injustice to the appellant’s appeal to the Court of Appeal. 3. Was it right of the Court of Appeal to have ignored the said supporting evidence and confirm the High Court decision

RATIONES DECIDENDI

CASES CITED

Ijale v. Leventis & Co. Ltd. (1959) SCNLR 255; (1959) 4 F.S.C 108,|Ejiofodomi v. Okonkwo (1982) 11 SC 74 at 248;|John Dweye v. Joseph Iyomahan & 3 ors.: (1983) 2 SCNLR 135: (1983) 8 SC 76 and|Udza Uor v. Paul Loko (1988) 2 NWLR (Pt. 77) 430; (1985)5 SCNJ. 16 at 21 – 23.|See Amakor v. Obiefuna (1974) 3 SC 67;|Atunrase v. Sunmola (1985) 1 NWLR (Pt. 1) 105;|Adeshoye v. Shiwoniku (1952) 14 WACA 86;|Olagbemiro v. Ajagungbade III (1990) 3 NWLR (Pt. 136) 37 at 55 and 65 and|Fabunmi v. Agbe (1985) 1 NWLR (Pt. 2) 299; (1985) 3 SC 99

STATUTES REFERRED TO

None.|

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