LAYONU AND OTHERS VS THE STATE
August 29, 2025BENSON OLAYIWOLA AND ANOTHER VS JOSEPH OLADIPUPO ASHIRU
August 29, 2025Legalpedia Citation: (1967-06) Legalpedia 66429 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Jun 9, 1967
Suit Number: SC 618/1965
CORAM
ADEMOLA, CHIEF JUSTICE NIGERIA
COKER, JUSTICE SUPREME COURT
LEWIS, JUSTICE SUPREME COURT
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
OBAZEE OGIAMIEN AND COMFORT OGIAMIEN APPELLANTS
OBAHON OGIAMIEN
RESPONDENTS
AREA(S) OF LAW
BENIN CUSTOMARY LAW OF INHERITANCE – EVIDENCE -RES JUIDCATA
SUMMARY OF FACTS
The respondent brought an action against his eldest brother on the ground that he had no right to sell their late father’s property. The respondent had previously unsuccessfully made a similar claim before the Benin Divisional Court.
HELD
The court held that a previous decision of the Benin divisional court to the effect that the 1st appellant being the eldest son of their father inherited the property was binding and that the lower court was wrong to have refused to so hold.
ISSUES
1 Whether the lower court was right when it suo motu refused to hold that the Benin divisional court decision created res judicata in respect of the property in dispute on the ground the decision was invalid.
2 Whether the respondent proved that the property was given out by their father as a gift before his death
RATIONES DECIDENDI
WHEN JUDGMENT SHOULD BE DELIVERED
It is wrong for a judge to give a decision on a point on which opportunity was not afforded counsel to argue at the hearing. per Ademola C.J.N
EFFECT OF RES JUDICATA
Once an issue had been previously decided between the same parties by a court of competent jurisdiction, it is no longer opened to further enquiry by the court. per Ademola C.J.N
INHERITANCE UNDER BENIN CUSTOM
According to Benin custom, the eldest son succeeds to the property of the father to the exclusion of other children. per Ademola C.J.N
INHERITANCE UNDER BENIN CUSTOM
1. ‘According to Benin custom, the eldest son succeeds to the property of the father to the exclusion of other children.’ per Ademola C.J.N
WHEN JUDGMENT SHOULD BE DELIVERED
2. ‘It is wrong for a judge to give a decision on a point on which opportunity was not afforded counsel to argue at the hearing.’ per Ademola C.J.N
EFFECT OF RES JUDICATA
3. ‘Once an issue had been previously decided between the same parties by a court of competent jurisdiction, it is no longer opened to further enquiry by the court.’ per Ademola C.J.N
CASES CITED
Adeigbe & anor v. Salami Kusimo & others (1965)
STATUTES REFERRED TO
None
