May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 10214 In the Supreme Court of Nigeria HOLDEN AT ABUJA Thu Mar 4, 2010 Suit Number: SC.235/2004 CORAM OLABODE RHODES VIVOUR DAHIRU […]
CORAM
OLABODE RHODES VIVOUR
DAHIRU MUSDAPHER , JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER JUSTICE, SUPREME COURT
PARTIES
CHUKWUEMEKE N. OJIOGU APPELLANTS
LEONARD OJIOGUJOSEPH OJIOGU
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The appellant was declared head/obi of Ojiogu family according to Nnewi Native law and custom at the High Court. The court of appeal employed the repugnancy clause and allowed the respondent’s appeal. The appellant has appealed.
HELD
Appeal allowed
ISSUES
1. “Whether it was proper for the Court of Appeal to decide the appeal before it on the basis of an issue not treated at the trial court and in respect of which there was no ground of appeal and no leave was sought or granted for same to be raised as a fresh point on appeal. 2. Whether the Court of Appeal was right to apply the decision in Okonkwo v. Okonkwo (1994) 9 NWLR (368) 301 to invalidate the “Hugha Nlnvn” custom when both parties aceepted and admitted the custom as applicable.”
RATIONES DECIDENDI
CASES CITED
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12|1. Laoye and Ors. V. Oyetunde (1913) AC 662; (1931) AER (Ref.) 44,|2. Lewis v. Bankole (1908) 1 NLR 81;|3. Amachree v.Goodhead (1923) 4 NLR 101;|4. Cole and Anor. v. Akinyele & Ors. (1960) 5 FSC 84,|5. Ashogbon v. Oduntan (1935) 12 NLR 7,|6. Effiong Okon Ata Ekpan v. Henshaw & Anor. (1930) 10 NLR 65 at p.66.
STATUTES REFERRED TO
1. Evidence Act|
CLICK HERE TO READ FULL JUDGMENT