OLUKAYODE ARIWOOLA JSC (Read the Lead Judgment ) KUMAI BAYANGAKAAHS JSC AMINAADAMUAUGIE JSC PAULADAMU GALINJE JSC
SC. 375/2013 FRIDAY, 13 APRIL 2018
APPEAL - Findings of facts by lower courts - Where concurrent Supreme Court - Attitude of thereto COURT - Discretion of - Exercise of - Proper approach thereto EVIDENCE - Admitted facts - Proof of - Needlessness of - Section 75 of the Evidence Act considered STATUTES - Evidence Act, section 75 - Admitted facts - Proof of Needlessness of Issues:
Whether the Court of Appeal was justified when after overruling the trial court and then holding that the property in dispute was the only compound of Late Mba Utobo to be inherited as his Obi (compound) and belong solely to the appellant as the first son (Diokpala) to turn around again to sustain reliefs (1), (2), (3), (4) and (5) as granted by the trial High Court is tantamount to sharing/partitioning of the said compound between appellant and respondent.
Whether the Court of Appeal was justified to …