UZOR IDIKA & ORS VS NDUKWE ERISI & ORS

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.