BAKO & ORS.
V.
LANIYAN & ORS

(2002) JELR 39953 (SC)    

Supreme Court  ·  SC.30/1995 ·  12 Jul 2002 ·  Nigeria
 · 
Other Citations
Bako v. Laniyan (2002) 13 NWLR (Pt.783)171 (2002) 7 S.C (Pt.I) 159
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
plaintiffs
court of appeal
defendants
june
learned trial judge
court
evidence
mr. lardner
notice of appeal
case
counsel
order
plan
decision
lower court
paragraph
set aside
stay of proceedings
course of the trial
second appeal
a. i. katsina-alu
a. o. ejiwunmi
appeal of the plaintiffs
decision of the learned trial judge
determination of the plaintiffs
different days
dismissal of his claim
ground of appeal
ikeja high court
judgment of the court
judgment of the high court of lagos state
judgment of the learned trial judge
leading judgment
objection of the defendant
part
part of decision of the lower court
plaintiff
plaintiffs case
respect of a parcel of land
respect of the judgment of the trial court
said plan
s. m. a. belgore
subject matter
subject matter of the case
s. u. onu
survey plan of the disputed piece of land
trial court
wrong premises

A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The plaintiffs sued the defendants before an Ikeja High Court claiming a declaration of right of occupancy in respect of a parcel of land, damages for trespass and injunction. In the course of the trial the plaintiff sought to tender a survey plan of the disputed piece of land. Learned counsel for the defendants objected on the ground that the witness through whom it was sought to be tendered was not the maker. The learned trial Judge in his ruling refused to admit the plan which was then marked "X" rejected.

The plaintiffs appealed against this refusal by a notice of appeal dated 31 May, 1990. The Court of Appeal allowed the appeal of the plaintiffs. But in doing so the lower court proceeded to set aside the judgment of the learned trial Judge delivered on 1 June, 1990 whereby the plaintiffs case was dismissed for refusing to proceed with the case when called upon repeatedly to do so by the learned trial Judge.

In order to…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login