May 17, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 94515 In the Supreme Court of Nigeria Fri Jun 15, 2012 Suit Number: SC.129/2004 CORAM MAHMUD MOHAMMED JUSTICE OF THE SUPREME COURT […]
CORAM
MAHMUD MOHAMMED JUSTICE OF THE SUPREME COURT
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JUSTICE OF THE SUPREME COURT
JOHN AFOLABI FABIYI JUSTICE OF THE SUPREME COURT
BODE RHODES-VIVOUR JUSTICE OF THE SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE OF THE SUPREME COURT
PARTIES
MR. LAMIDI RABIU APPELLANTS
MR. TOLA ADEBAJO
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Endorsed on the writ of summons filed in the high court were the claims made by the plaintiff /appellant against the defendant /respondent. The claims were perpetual injunction restraining the defendant from interfering with the plaintiff’s possession of property, and damages for trespass. The trial judge dismissed the plaintiff/appellant’s claim and granted the reliefs sought in the counter-claim by the respondent. The appellant was not satisfied with the judgment and appealed to the Court of Appeal. The appeal was dismissed. Still not satisfied with the judgment, the appellant appealed to the Supreme Court.
HELD
The appeal lacked merit and was dismissed.
ISSUES
1. Since it was common good that both parties traced their title to the same original owners whether the lower court was right to have upheld the trial court’s finding that the respondent had proved earlier title to the original owners and had established better title to the land in dispute.?
2. Whether the lower court was right in its refusal to interfere with the trial courts exercise of discretion which led to the refusal of the appellant’s post trial application to amend its reply to plead the special defense of limitation of law.?
RATIONES DECIDENDI
A PRELIMINARY OBJECTION AS A THRESHOLD ISSUE IS A PRE-EMPTIVE STRIKE TO SCUTTLE THE HEARING OF THE APPEAL
“A preliminary objection as a threshold issue is a pre-emptive strike to scuttle the hearing of the appeal. It has to be disposed of before any further step can be taken in the appeal.” Per Nwali Sylvester Ngwuta, JSC.
CASES CITED
NIL
STATUTES REFERRED TO
NONE