ADIELE IHUNWO VS JOHNSON IHUNWO & ORS

CORAM

KUMAI BAYANG AKAAHS JUSTICE, SUPREME COURT

KUMAI BAYANG AKAAHS JUSTICE, SUPREME COURT

KUMAI BAYANG AKAAHS JUSTICE, SUPREME COURT

KUMAI BAYANG AKAAHS JUSTICE, SUPREME COURT

KUMAI BAYANG AKAAHS JUSTICE, SUPREME COURT

KUMAI BAYANG AKAAHS JUSTICE, SUPREME COURT

PARTIES

ADIELE IHUNWO APPELLANTS

 JOHNSON IHUNWO & ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division. The appellant as plaintiff commenced against the defendants (now respondents) a declaration that he is entitled under Ikwerre Native Law and Custom to the land known as RUGBURU ASASAH. He also claimed for damages and injunction.

HELD

Appeal Dismissed

ISSUES

1. Was the Court of appeal right when it held that the learned trial Judge made a specific finding to the effect that the transaction contained in Exhibit “B” is a pledge? (Ground 1)?

2.Was the Court of Appeal right when it came to the conclusion that the transaction evidenced by Exhibit “B” was not an irredeemable pledge under Ikwerre custom? (Grounds 2 and 5)?

3.Was the Court of Appeal right when it held, that although the learned trial judge had failed to consider the issue of customary arbitration as evidenced in Exhibit G, the said arbitration award was binding on the appellant? (Ground 3)?

4. Was the Court of Appeal right when it failed to resolve issue No. 2 duly formulated in the appeal by the appellant, if not, was the appellant not entitled to judgment? (Ground 4)?

RATIONES DECIDENDI

DETERMINATION OF APPEAL – DETERMINATION OF APPEAL BY THE APPELLATE COURTS

It has been held and it is trite law that “appeals to appellate courts are by way of rehearing. In hearing an appeal, the appellate court should reconsider the materials before the trial court and should not hesitate to overrule his decision even on facts where, after giving due regards to the advantage which the trial court has of seeing the witness, it is clear the decision is wrong. -Per Olukayode Ariwoola

PLEDGE – MEANING OF A PLEDGE

This means “a formal promise or undertaking”. The act of providing something as security for a debt or obligation. A pledge is something more than a mere lien and something less than a mortgage.”
A pledgee is one with whom a pledge is deposited while a pledgor is one who gives a pledge. – Per Olukayode Ariwoola

CASES CITED

Kodilinye Vs Mbanefo Odu (1935) 2 WACA 336; Okpala Vs Ibeme (1989) NWLR (Pt.102)208;Atuanyua Vs Onyejekwe (975) 3 SC 115

STATUTES REFERRED TO

NONE?

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