IMPERIAL HOMES MORTGAGE BANK VS D – VAR CONSULTING LTD
April 24, 2025JAMES AFOLABI V THE STATE
April 24, 2025Legalpedia Citation: (2016) Legalpedia (SC) 11061
In the Supreme Court of Nigeria
Fri Apr 22, 2016
Suit Number: SC 315/2006
CORAM
MARY UKAEGO PETER-ODILI JUSTICE SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE SUPREME COURT
IBRAHIM TANKO MUHAMMAD JUSTICE SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE SUPREME COURT
JOHN INYANG OKORO JUSTICE SUPREME COURT
PARTIES
1. ZACHEUS FALEYE
2. CHIEF JONATHAN DOSUMU
3. MICHAEL DOSUMU (For themselves and on behalf of Eleidi-Atala family).
APPELLANTS
MR. RASHEED DADA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs/Appellants at a Customary Court in Ogun State instituted an action against the Defendants/Respondents claiming title to the land in dispute. The Plaintiffs/Appellants claimed that their family is the owner of the land in dispute and the Defendants/Respondents were customary tenants on the land. The Defendants/Respondents on the other hand denied being tenants to the Plaintiffs/Appellants family as they argued that the land belonged to their ancestor. The Plaintiffs/Appellants at the Customary Court, sought for a declaration of title to the piece of land situate, lying and being at Igbo Eleidi between Osuke and Ijaba Roads Ota. The Court by a majority judgment dismissed the case of the Plaintiffs/Appellants. Dissatisfied, the Plaintiffs/Appellants appealed to the Ogun State High Court where the judgement of the Customary Court was set aside. The Defendants/Respondents hence, appealed to the Court of Appeal which in turn set aside the decision of the High Court and restored the decision of the Customary Court. Aggrieved with the decision of the lower court, the Plaintiffs/Appellants has appealed to the apex court.
HELD
Appeal Dismissed.
ISSUES
1. Whether the learned Justices of the Court of Appeal were correct in holding that the Appellate High Court Judge, in reviewing and evaluating the findings of fact made by the trial Customary Court, wrongly applied the principles of law as to evaluation of evidence when the said review and evaluation were based on well-established principles regulating the interference of an Appellate Court with findings of facts by a trial Court?
2. Whether the learned Justices of the Court of Appeal were correct in failing to consider the Appellants’ responses contained in their brief of argument to the issues argued by the Respondents in their own brief before allowing the Respondents appeal which failure constitutes a breach of the Appellants constitutional right to fair hearing?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria 1999
