LAWRENCE OGBODI ODIDIKA & ANOR V THE STATE
August 6, 2025NIGERIAN HOUSING DEVELOPMENT SOCIETY LTD. & ANOR VS YAYA MUMUNI
August 6, 2025Legalpedia Citation: (1977-02) Legalpedia (SC) 21181
In the Supreme Court of Nigeria
Fri Feb 18, 1977
Suit Number: SC. 351/1975
CORAM
AJEGBO JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
UDHUDE EMARIERU
UKPOKO ISOBHE (For themselves and on behalf of Osomero family)
APPELLANTS
SAMUEL OMOYOUZOU OVIRIE
OKORO OVIRIE
ODEJI AGBADAKU
RESPONDENTS
AREA(S) OF LAW
CUSTOMARY COURT-FAMILY INHERITANCE-RIGHT OF SUCCESSION-FAMILY MEMBERSHIP
SUMMARY OF FACTS
Following the acquisition of plots of family land and payment of compensation on the land, the appellants and the respondents brought action challenging each others membership in the family to prevent the other from benefiting from the compensation fund
HELD
The court held that they were all members of the same family considering the contemporary acts and events within living memory
ISSUES
Whether the President of the Customary Court properly evaluated the issues in controversy between the parties when he gave judgement in favour of both parties in a cross action.
RATIONES DECIDENDI
APPELLATE COURTS NOT TO DISTURB MATTERS WITHIN THE KNOWLEDGE OF TRIAL COURTS
The Customary Court showed proper and sufficient appreciation of issues of the issues in controversy between the parties which issues may accurately be described as particularly within its knowledge and its judgement in such matters should not have been disturbed PER UDO UDOMA JSC
CASES CITED
ABAKAH NTHAH V. BENNIEH 2 WACA
STATUTES REFERRED TO
Not Available
