AYINDE ADEYEMO VS OKUNOLA AROKOPO
July 17, 2025NWAFOR NWAWUBA AND OTHERS VS JEROME ENEMUO AND OTHERS
July 18, 2025Legalpedia Citation: (1988-05) Legalpedia (SC) 19661
In the Supreme Court of Nigeria
Fri May 27, 1988
Suit Number: SC.95/1987.
CORAM
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
AGBAJE,JUSTICE SUPREME COURT
NNAEMEKA-AGU, JUSTICE SUPREME COURT
PARTIES
UZOR IDIKA
ENWOROIKWO
IKWOR ELIA
EZE OTAOK
ORO AJA
NWAKWE AMA
OGBU OBO
NDEM UKPAI
KALU AMA
ISU ANACHI
EFA NDU
OLUGBU NNACHI
APPELLANTS
NDUKWE ERISI
ONU CHIMA
OKAM EZE
IBIAM KAMA IBIAM (For themselves and as representing the people of Libolo Community Ekoli Edda Afikpo Local Government Area)
RESPONDENTS
AREA(S) OF LAW
LAND LAW – RETRIAL – CUSTOMARY LAW ARBITRATION
SUMMARY OF FACTS
This is appeal against the order of retrial made by the Court of Appeal after hearing and allowing the appeal to it from the judgment of the High Court which is of the view that the plaintiffs are not telling the court the truth about the land in dispute and hold that the plaintiffs have not discharged the onus on them to prove that title should be declared in their favor.
HELD
That where there is a failure by the trial court to make findings of a fact on crucial issues raised in the pleadings, the proper order a Court of Appeal should make is one of retrial.
ISSUES
Since both parties have pleaded the decision of the chiefs and elders of Ekoli Edda in favour of their own side what was that decision?
RATIONES DECIDENDI
FINDINGS OF FACT.
‘As the duty of making findings of fact is pre-eminently the function of a trial Judge, the Court of Appeal was justified in not embarking on the task but instead made an order of retrial by the High Court.’ Per. A.O.OBASEKI, JSC.
CASES CITED
Larbi v. Kwesi (1950) 13 WACA. 81.
Mogo Chikwendu v. Mbamali & Anor (1980) 3-4 SC. 31 at 48.
Adeniji v. Adeniji (1972) 4 SC. 10 at 17.
Yakassai v. Incar Motors Ltd. (1975) 5 SC. 107.
STATUTES REFERRED TO
Not Available
