May 27, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 14111 In the Supreme Court of Nigeria Fri Apr 3, 2009 Suit Number: SC. 84/2003 CORAM DAHIRU MUSPAPHER, JUSTICE SUPREME COURT FRANGIS […]
CORAM
DAHIRU MUSPAPHER, JUSTICE SUPREME COURT
FRANGIS FEDODE TABAI, JUSTICE SUPREME COURT
MUHAMMAD S. M. COOMASSIE(Lead Judgment), JUSTICE SUPREME COURT
PARTIES
MALLAM YUSUF OLAGUNJU (now deceased)(Head of Ojomu-Doyin Family)(Substituted by ALHAJI ABDULKADIRI BELLO On 15/11/2006) APPELLANTS
CHIEF E. O. ADESOYE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent applied for and was granted a C of O for the construction of secondary school. When the 1st respondent applied for another C of O, the appellant protested the allocation. The trial court found for the respondent. The appellant’s appeal to the Court of Appeal was dismissed
HELD
Appeal dismissed
ISSUES
1.Whether the appellant proved his title to the land in dispute in this case.?
RATIONES DECIDENDI
EVALUATION OF DOCUMENTARY EVIDENCE
Evaluation of documentary evidence, is not the exclusive preserve of a trial court. Per Ogbuagu, JSC
EFFECT OF A STATUTORY RIGHT OF OCCUPANCY
A Statutory Right of Occupancy, automatically, extinguishes all existing rights in respect of the parcel of land over which it is granted. Per Ogbuagu, JSC
WHEN ISSUES ARE NOT PLACED BEFORE AN APPELLATE COURT
When an issue or issues for determination, is or are not formulated or placed before an Appellate Court, it has no business whatsoever, to deal with it or them. Per Ogbuagu, JSC
CASES CITED
1. Alli & anor. v. Chief Alesinloye & ors. (2006) 6 NWLR (Pt. 660) 177
2. Chief Balogun & ors. v. Akanji & anor. (1988) Vol. 19 1 NSCC 180; (1988) 1 SCNJ. 104; (1988) 1 NWLR (Pt.70) 30l at 321
3. Nkado & 2 ors. v. Obianor & anor. (1997) 5 SCNJ. 33.
STATUTES REFERRED TO
NONE