FREDERICK ONAGBA ODUARAN & ORS VS CHIEF JOHN ASARAH & ORS
August 20, 2025ADEKOLA ISHOLA VS FAYOYIN ABAKE & ANOR
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 04691
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu May 18, 1972
Suit Number: SC. 215/1971
CORAM
MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT
UDOMA
SOWEMIMO
PARTIES
SHITTU ADEOSUN (For Agoro Family) APPELLANTS
LAWANI BABALOLASUNMONU OYEWO RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant obtained judgment over a parcel of land in the customary courts. The court of appeal non-suited the judgment on appeal by the defendant/respondent on the basis that the trial courts judgment exceeded the land in dispute. The decision was non-suited without hearing argument from parties.
HELD
The court set aside the decision of the court of appeal and restored the judgment of the lower court for failure to take argument of parties before non suiting the trial courts decisions.
ISSUES
Whether or not it is proper for the lower court to have non-suited the trial court decisions without taking arguments of parties
RATIONES DECIDENDI
CASES CITED
1. Marian Ashabl Craig v. Victor Emmanuel Craig & Anor. (1967) NMLR 52|2. Obazee Ogiamlen & Anor. V. Obahon Ogiamien (1967) NMLR 245
STATUTES REFERRED TO
1. Section 22 of the Supreme Court Act, No. 12 of 1960|2. Section 53(a) of the Western State Customary court Law (Cap.31).|
