EMMANUEL OKPALA IGWEGO & ORS VS. FIDELIS OJUKWU EZEUGO & ANOR
July 10, 2025OBA R. A. A. OYEDIRAN VS. OBA ALEBIOSU II & ORS
July 10, 2025Legalpedia Citation: (1992) Legalpedia (SC) 04531
In the Supreme Court of Nigeria
Fri Jul 17, 1992
Suit Number: SC. 142/1989
CORAM
KARIBI-WHYTE
ADOLPHUS GODWIN KARIBI-WHYTE CHIEF, JUSTICE, NIGERIA
NNAEMEKA-AGU
PARTIES
OJO OGBEMUDIA EHOLOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12The Plaintiff sought a declaration of title to a piece of property, possession and an injunction restraining the defendant from further trespass onto the property.
HELD
The Supreme Court held that the Court of Appeal was right to have dismissed the appeal based on the fact that instead of asking for adjournment to regularise the position by filing a new or amended brief or even seek leave to address the court orally on those grounds, the appellant’s counsel did nothing.
ISSUES
Whether the Court of Appeal was right to have based its decision solely on the question of counsel for appellant’s failure to advance arguments in support of the grounds of appeal filed.Whether the Court of Appeal correctly applied the principles of weighing and/or appraising evidence, more so as it appeared to have merely endorsed the error of the trial judge by default.
RATIONES DECIDENDI
WHEN NO ARGUMENTS ARE PROFERRED IN SUPORT OF A GROUND OF APPEAL
“It is settled, even before briefs were introduced, that where counsel proferred no arguments in support of a ground of appeal, that ground of appeal must be deemed to have been abandoned and would be struck out.” Per KUTIGI, JSC
CASES CITED
Mogaji & Ors. v. Odofin (1978)4 S.C. 91Adeniran v. The State (1972)1 O SC.1
STATUTES REFERRED TO
NONE
