CORAM
UWAIS, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
KAZEEM, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
SAMSON AWOYALE
APPELLANTS
JOSHUA OLABAMIJI OGUNBIYI
RESPONDENTS
AREA(S) OF LAW
LAND LAW – CUSTOMARY LAW – OWNERSHIP – POSSESSION
SUMMARY OF FACTS
The plaintiff’s claim was for a declaration of title to the Ijomu-Oro township land and its adjoining forest.
HELD
The Court held that the appeal is hereby dismissed and the decision of the Court of Appeal, restoring the judgment of the Upper Area Court dated 29th August, 1978 in favour of the respondent, is hereby affirmed.
ISSUES
(1) Did the Area Court identify the issues in dispute between the parties?
(2) If it did not no further inquiries need arise, for if the issues were not properly identified the verdict of that court can only by right per adventure-by sheer accident, or by extreme good luck or both.
(3) If the issues were correctly identified, did the trial court make any specific finding on each such issue?
RATIONES DECIDENDI
DUTY ON TRIAL COURT TO EVALUATE EVIDENCE
“It is settled law that where a court of trial unquestionably evaluates the evidence and appraises the facts, it is not the business of a Court of Appeal to substitute its own views for the views of the trial court” Kawu, J .S.C.
CASES CITED
1. Lion Building Ltd. v. Shadipe (1976) 12 SC. 135
2. Macaulay v. Tukuru 1 N LR. 35.
STATUTES REFERRED TO
Not Available