(1974) JELR 40074 (SC)    

Supreme Court  ·  SC.155/73 ·  22 Mar 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 152 Atanda v. Lakanmi (1974) 3 S.C. 80
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
western state court of appeal
palm fruits
stool land
learned trial judge
grounds of appeal
high court
judgment of the western state court of appeal
oye of ifon
whole area
exclusive right
late oye of ifon
plan exhibit c
record of appeal
said farmland
2nd may
careful review of the evidence
determination of the case
different versions
exercise of their discretion
following orders
high court judgment
inter alia
judgment of the high court
leading judgement
modola families
mr. adenekan ademola of counsel
mr. y.a. agbaje of counsel
ojo oruboka
oshogbo high court
oyeyi family house
present holder of the oye chieftaincy
proper exercise of judicial discretion
real question
recent past
resumed hearing of the case
said farmland elepo
stage court calls
supreme court
use of the land
variation of the order

SOWEMIMO, J.S.C. (Delivering the Leading Judgement): In suit HOS/18/66, the respondent is the plaintiff and the appellants are the defendants. The case was first tried at the Oshogbo High Court and judgment was entered for the plaintiff. The defendants appealed to the Western State Court of Appeal and on the conclusion of hearing in suit CAW /49/68 the Court on Thursday 26th September, 1968, made the following orders:

"UPON READING the Record of Appeal herein and after hearing Mr. Adenekan Ademola of Counsel for the PlaintifflRespondent and Mr. Y.A. Agbaje of Counsel for the Defendants/Appellants, both counsel agreeing that this case be sent back for retrial by another judge:


(1) That this appeal be allowed.

(2) That the judgment of the High Court, Oshogbo delivered on the 20th day of December, 1967, including the order as to costs be set aside.

(3) That this case be sent back for retrial before another judge.

(4) That the order for the appointment of Receivers made by…

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