JOHN EKEOGU VS ELIZABETH ALIRI
July 14, 2025ALHAJI AHMED AYUB-KHAN VS THE STATE
July 14, 2025Legalpedia Citation: (1991) Legalpedia (SC) 91110
In the Supreme Court of Nigeria
Fri Mar 1, 1991
Suit Number: SC. 214/1987
CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE (Lead Judgment), JUSTICE, SUPREME COURT
ADOLPHUS GODWIN KARIBI-WHYTE,JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE,JUSTICE, SUPREME COURT
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU IGUH JUSTICE, SUPREME COURT
PARTIES
1. OYIBO IRIRI2. SADI IRIRI3. OGBERODIORAYE IRIRI4. AKPENSUOME AKPOME5. BEBEDICT ONOKPASA (For themselves and behalf of the Idiemo family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal is against the concurrent decision of the two lower courts who found for the respondent in a dispute over a piece of land. The parties relied on traditional history to prove their claims. In a considered judgment, the Supreme Court held as follows:
HELD
The appeal was dismissed.
ISSUES
(i) Whether the learned justices of the Court of Appeal were right in affirming the decision of the teamed trial Judge to reject the traditional evidence of the appellants?(ii) Whether the learned Justices of the Court of Appeal were right in failing to hold that the learned trial Judge did not consider properly and/or at all the evidence of acts of possession given by the appellants?(iii) Whether the learned Justices of the Court of Appeal were right in failing to hold that the learned trial Judge did not consider properly and/or at all the evidence of ownership of surrounding parcels of land given by the appellants?(iv)Whether Exhibit ‘K’ was not an admission to which some probative value ought to have been given?
RATIONES DECIDENDI
DUTY OF A TRIAL JUDGE
“It is the duty of the trial Judge to evaluate the evidence and to make primary findings of fact. This duty, unless it is shown not to have been done according to well laid down principles of law, an appeal court cannot interfere with such findings” (Per Olatawura, J.S.C.)
CASES CITED
1. Obi I. Ezewani v. Obi Onwordi (1986) 4 NWLR (Pt.33) 272. Nigerian Bottling Co. Ltd. v. Constance O. Ngonadi (1985) 5 S.C.317,319; (1985) 1 NWLR (Pt.4) 739.3. Ibanga v. Usanga (1982) 5 S.C. 103; Kuforiji v. V. Y. B. Ltd. (1981) 6-7 S.C. 404. Akpapuna v. Nzeka II (1983) 2 SCNLR 1.5. Adeniji & Ors. v. Tawa Adeniji Mrs. (1972) 1 All N.L.R. (Pt.1) 298.
STATUTES REFERRED TO
None.
