CORAM
WALTER NKANU SAMUEL ONNOGHEN JUSTICE, SUPREME COURT
PARTIES
1. OSUJI OKORO OFORKIRE 2. ALHAJI OKORO OFORKIRE (For themselves and on behalf of Oforkire family of Awo-Omamma) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Two separate suits were filed in the High Court over the same piece of land; first by the appellant whose claim was for trespass and injunction and later by the respondent who claimed title to land. It the consolidated suit, judgment was given in favour of the appellant which was overturned by the Court of Appeal.
HELD
The Supreme Court dismissed the appeal affirming the judgment of the Court of Appeal which granted title of the disputed land to the respondents and restrained the appellants from trespassing.
ISSUES
1. Whether the Court of Appeal was right in ignoring the objection raised by the Appellant as to the competence of grounds of appeal filed by the respondents.2. Whether the grounds of appeal filed by the Appellants against the judgment of the Court of Appeal involve questions of fact or mixed law and fact to require leave of the Court of Appeal or the Supreme Court.
RATIONES DECIDENDI
STRICT ADHERENCE TO RULES OF COURT
It is elementary law that rules of court must be obeyed or complied with, as they are not made for fun. Per Niki Tobi, JSC.
CASES CITED
1. Nsirim V. Nsirim (1990) 3 NWLR (Pt 138) 285 at 296 – 2972. Solanke V. Somefun (1974) 1 SC 141,3. Ajibade V. Pedro (1992) 5 NWLR (Pt.241) 257 at 2704. Ariori V. Elemo (1983) 1 SCNLR I.5. Labiyi vs. Anretiola (1992) 8 NWLR (Pt.258) p. 169 para A-B
STATUTES REFERRED TO
1. Court of Appeal Rules (as amended)