(1978) JELR 38875 (SC)    

Supreme Court  ·  SC.399/75 ·  9 Sep 1978 ·  Nigeria
Other Citations
(1978) All N.L.R 42
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of second trial
plea of res judicata
court of appeal
new trial
fakayode j.
first defendant
statement of defence
warrant of the court
plea of estoppel
western state court of appeal
decision of fakayode j.
effect of an order
exhibit a
first plaintiff
learned trial judge
ruling of fakayode j.
said land
trial de novo
action suit no.
decision of this court
ife land court
late father joshua fadiora
learned judge
subsequent proceedings
appellate court
consideration of the plea of res judicata
counsel of the defendants
festus gbadebo vs. joshua fadiora
given proceedings
high court of oshogbo
high court of the former western
ife division
inferior courts
judgement of the appeal court
land case
leading judgment
native law
order of the high court
plan no. d k
present case
previous judgements of courts of competent jurisdiction
principal question
proceedings of this case
question of their jurisdiction
rule of evidence
specific point
subject matter
support of exhibit a.
use of the said farmland

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): The principal question raised in this appeal and which calls for the decision of this court is what exactly is the meaning and effect of an order (by an appellate court) for a trial de novo on subsequent proceedings pursuant to that order? In the High Court of the former Western (now Oyo) State holden at Oshogbo the respondents as plaintiffs claimed from the defendant (the appellant herein and another) the following reliefs:

"(1) Jointly and severally...a declaration of title to a piece of farmland situated at Wanikin Village at Aye in Ife Division:

(2) 150pounds being damages for the crops (on), and use of the said farmland...

(3) An injunction restricting the defendants and their agents from using ... the said land ... "

Pleadings were filed by the parties following an order of the High Court; and in paragraphs 8, 12, 13 and 14 of their statement of defence the defendants pleaded thus:

"(8) The first defendant avers that the farml…

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