JAMES ULUBA & CO VS CHIEF E.E. SILLO & CO
August 15, 2025GODWIN IDOMA & ANOR VS THE STATE
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11417
In the Supreme Court of Nigeria
Wed Jan 31, 1973
Suit Number: SC. 698/1973
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
OKON UDOFEEDET UDOFEAKPAN UDO ANAM (for themselves and on behalf of the people of Mbiaraba and Ikot Ukap, Itam) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff had been in possession of the land and sued the defendants for trespass. Judgment was in favour of the plaintiffs, defendants appealed.
HELD
The court held that the appeal fails and is dismissed with costs.
ISSUES
1. The plaintiffs are stopped from relitigating over the area already tried by the native court.
2. Whether the plaintiffs must on the strength of their own case satisfy the court that they occupy the land and own it to the exclusion of the defendants.
RATIONES DECIDENDI
BINDINGNESS OF CARDINAL PRINCIPLES OF NATIONAL JUSTICE ON TRIBUNALS
“It is one of the Cardinal Principles of national justice that a tribunal must base its decision on evidence of same probative value”. – Per Elias T.O. JSC.
STATUS OF EVIDENCE GIVEN BY AN INFERIOR TRIBUNAL WITHOUT EVIDENCE
Where there is absolutely no evidence judgment given by an inferior tribunal will be a nullity. – Per. Fatuyi Williams.
CASES CITED
(1) Akinola Baruwa vs. Ogunsola 4 WACA 159
(2) Regina vs. Board of Control (1956) 2 Q.B. 109
(3) Udekwu Amata vs. Udogu Modekwe 4 WACA 580
(4) Leavy vs. National Union of Vehicle Builders (1971) ch. P.30
STATUTES REFERRED TO
None
