FRANCIS SHANU V. AFRIBANK NIGERIA PLC
June 18, 2025CHIEF ALIMONU AJUKWARA V. SEBASTINE IZUOJI
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 11421
In the Supreme Court of Nigeria
Fri Jun 14, 2002
Suit Number: SC. 14/1997
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. UGORJI OBI2. CHRISTIAN UKAMBA3. ELEBEKE MMUOMARA4. SIMON OBIDIEGWU5. OBIALO AHIKOBO(For themselves and as representing their Akokwa Community) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff instituted action for declaration of the boundary between the parties. The trial court treated the case as a case of declaration of title to land and dismissed the plaintiff’s case. ?
HELD
The court held that the trial court misdirected itself on the issue before it and that the court of appeal was right to have ordered a retrial.
ISSUES
1. Whether the Court of Appeal was right by holding that the learned trial Judge in his approach to the trial misconceived the case before him by his repeated reference to “land in dispute” as if the claim before the court was that of declaration of title to a specific piece or parcel of land in dispute between the parties when the claim before him was simply that of declaration that the “ekpe” trench is the boundary between the parties.2. Whether the Court of Appeal was right when it held that the learned trial Judge did not properly evaluate the evidence before him relating to the main fact in issue; namely, whether or not the ancient “ekpe” trench is the boundary between two parties.3. Whether the decision for a retrial of the case ordered by the Court of Appeal is justifiable having regard to all the circumstances of the case.
RATIONES DECIDENDI
WHEN MISDIRECTION ON THE ISSUE BEFORE THE COURT WILL NULLIFY THE DECISION GIVEN
Where the claim is for declaration of boundary between two areas of land, to treat the action as if it were a declaration of title to a parcel of land and insist on proof that would have satisfied the requirement of a grant of declaration of title to land is a fundamental misdirection which affects the decision- Ayoola J.S.C.
WHEN AN APPELLATE COURT SHOULD ORDER A RETRIAL
Where an appeal is allowed because of failure of the trial court to make findings of fact on material issues and the determination of such material issues depends on the credibility of witnesses, the proper order the appellate court ought to make is an order for retrial- Igug J.S.C
CASES CITED
Duru v. Nwosu (1989) 7 SCNJ 154 at 159,Bakare v. Apena and others (1986) 4 NWLR1 AT 16-17,Isaac Ayoola v. Adebayo (1969) 1 All NLR 159 Karibo v. Glend (1992) 3 NWLR (Part 230) 426, Okpaloka v. Ume (1976) 9 – 10 SC 269, Egonu v. Egonu (1978) 11 – 12 SC 111, Shell BP Petroleum Development Co. of Nig. Ltd. v. Cole (1978) 3 SC 183.
STATUTES REFERRED TO
None
