ALHAJI JIMOH ODUTOLA VS SEIDU AILERU & 6 ORS
July 24, 2025PETER JONNY LOKE VS THE STATE
July 24, 2025Legalpedia Citation: (1985) Legalpedia (SC) 92811
In the Supreme Court of Nigeria
Fri Jan 11, 1985
Suit Number: : SC. 144/1983
CORAM
UWAIS, J.J, JUSTICE, SUPREME COURT
SOWEMIMO CHIEF JUSTICE, NIGERIA
IRIKEFE, JUSTICE,SUPREME COURT
OBASEKI , JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
KAZEEM, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
PARTIES
PAUL ODI OKWUMASO NWAJEI (For themselves and on behalf of Idumu Obi and Idioms—Aban families of Emuhu) APPELLANTS
GBANIYI OSAFILEJOHN EMERI (For themselves and on behalf of Idumu Esugbana and Idumu Ozoba of Umunede) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Respondents claimed against the Appellant on 3rd February, 1969 by writ of summons in which the respondents as plaintiffs claimed a declaration of title to a certain piece of land, N400.00 damages for trespass and an order of injunction.
HELD
APPEAL DISMISSED WITH N300 COST TO THE RESPONDENTS
ISSUES
Whether the Supreme Court sitting as a full court has jurisdiction to depart from the decision given previously on the same constitutional question by another full court of the Supreme Court.
RATIONES DECIDENDI
POWER OF THE SUPREME COURT TO DEPART FROM DECISION GIVEN PREVIOSLY FOR THE INTEREST OF JUSTICE
“though precedent is an indispensable foundation on which to decide what is the law, there may be times when a departure from precedent is in the interest of justice and the proper development of the law. ….. I see no more justification for perpetuating recent error than for retaining any uncorrected error in much older decisions of this court.” IDIGBE J.S.C, PER OBASEKI J.S.C
CASES CITED
Conway v. Rimmer
STATUTES REFERRED TO
