ABUBAKAR & ORS.
V.
NANA

(1974) JELR 39703 (SC)    

Supreme Court  ·  SC.155/74 ·  23 May 1974 ·  Nigeria
 · 
Other Citations
(1974) All N.L.R 18 (1974) 5 S.C. 71
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
present respondent
appeal
captain atete
property
court
evidence
exhibit
father
exhibits h
fraud
kogi divisional area court
reasons
records
sale
account
ancestor of the present respondent
ancestor of the respondent
case of the present appellant
complaint
costs
counsel
court records
document
document exhibit d
exhibit d
facts of the case
findings of fact of the trial court
findings of the lower court
g. b. a. coker
grounds
inference
issue
leading judgment
native court
natives
obvious issues of facts
order
pledge
present appellant
property of the appellant
purported sale
respondent
transaction
trial court
upper area court
virtue
way

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This appeal resolves itself on the facts of the case. The issue always was and is whether the property of the appellant's father was rightly sold to the respondent's father by the Native Court, the records of which were produced in evidence as Exhibits H and I. The Kogi Divisional Area Court held that the appellant or his relations had validly redeemed the pledge by which they pledged their father's house to one Captain Atete, the ancestor of the respondent, and that the purported sale of the same property to Captain Atete was irregular.

The present respondent then appealed to the Upper Area Court which affmned the findings of fact of the Kogi Divisional Area Court and concluded that the court records, by virtue of which the present respondent claimed that the property was sold to his father, Captain Atete, were not just fabricated by the trial court but were indeed forgeries.

The present appellant thereafter appealed to this C…

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