B.A. SHITTA-BEY VS ATTORNEY GENERAL OF THE FEDERATION & ANOR
June 27, 2025CHIEF SAMUEL ADEBISI FALOMO VS OBA OMONIYI BANIGBE & ORS
June 27, 2025Legalpedia Citation: (1998) Legalpedia (SC) 29813
In the Supreme Court of Nigeria
Fri Jun 5, 1998
Suit Number: SC. 273/1986
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
NIKI TOBI,, JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
SYLVESTER UMARU ONUJUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
1. PAUL NWAZUAH NKWO2. VINCENT OLIDUH3. JAMES I. EMEROKWAM4. ONYEKAGBA OGOGBA(For themselves and on behalf of Umuagu people or family of Illah) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The ancestor of the defendants migrated from Benin and settled in the area of the land now in dispute. Irakpe’s settlement is now known as Ebu whilst Onyimoji’s settlement is now known as Illah. The boundary between the two brothers was lyi-Ukwu stream. Later, the plaintiffs’ ancestors came to the area, drove away Onyimoji’s descendants from their land and occupied same.
HELD
The court held that the appeal was completely devoid of any merit and thus dismissed with costs. ?
ISSUES
Applying the correct principle as to the burden of proof in a declaratory action, is the court below right in affirming the judgment of the trial High Court?
RATIONES DECIDENDI
CONCURRING FINDINGS OF LOWER COURTS; DUTY OF APPELLANT.
“Where there are concurring findings of the two courts below, the burden on an appellant in this court is great indeed. This court has consistently held that it would not disturb concurring findings of facts by lower courts which are supported by sufficient evidence.” Ogundare, JSC.
CASES CITED
1. Kodilinye v. Odu 2 WACA 3362. Njoku v. Eme (1973) 5 S.C. 2933. Chinwendu v. Mbamali (1980) 3-4 S.C.31 at page 754. Enang v. Adu (1981) 11-12 S.C. 25.?
STATUTES REFERRED TO
NONE
