S. A. OLAWALE V. THE ATTORNEY GENERAL OF THE FEDERATION & TOTAL OIL PRODUCTS (NIG.) LTD
August 27, 2025DR S. A. AGBAJE & ORS. V. ADEOYE S. B. ISAAC & ANOR
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 11510
In the Supreme Court of Nigeria
Fri Oct 29, 1971
Suit Number: SC. 142/1969
CORAM
COKER, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
PAUL O. OMOREGBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff, a road overseer with the Ministry of Works and Transport, was given a land upon his request in the customary manner after the customary ceremonies had been performed at the site and he built a bamboo hut on it. Upon transfer out of the city, he put the defendant on the property who later made structural alterations to the property and claimed ownership
HELD
The Court set aside the judgment of the trial court which was for the defendant holding that if the learned trial judge had made a proper evaluation of the credible evidence which he believed, he would have found for the plaintiff. Plaintiff was therefore granted possession and title to land.
ISSUES
The Court set aside the judgment of the trial court which was for the defendant holding that if the learned trial judge had made a proper evaluation of the credible evidence which he believed, he would have found for the plaintiff. Plaintiff was therefore granted possession and title to land.
RATIONES DECIDENDI
FACTS TO BE CONSIDERED ON THE BALANCE OF PROBABILITIES IN LAND MATTERS
In a claim for declaration of title to land, a judge who is confronted with two opposing accounts of how the disputed land was acquired must consider both accounts and decide on the balance of probabilities which of them he will accept. Per Fatai-Williams, JSC
CIRCUMSTANCES WHERE APPEAL COURTS DRAW INFERENCE FROM FACTS BEFORE TRIAL COURTS
It is not the business of a court of appeal to substitute its own views of the facts for those of the judge or tribunal that had heard and seen the witnesses but if the judge or tribunal has failed to make proper use of the opportunity of seeing and hearing the witnesses, or if from stated or uncontroversial or undisputable facts inferences are shown to have been drawn which are wrong or are not supported by the evidence, then the court of appeal must in the interest of justice exercise its own powers of reviewing those facts and drawing appropriate inferences from them. Per Fatai-Williams, JSC
CASES CITED
STATUTES REFERRED TO
