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OGEDENGBE & ORS. V.BALOGUN & ORS.

(2007) JELR 37842 (SC)

Supreme Court 30 Mar 2007 Nigeria
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Suit Number:SC.273/2001
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:Fola Ajayi, Esq. For Appellant Chief F. O. Orbih (with him, D. A. Alagbe, Esq. and V. E. Ghomorai [Mrs.]) For Respondent
Other Citations:Ogedengbe v. Balogun (2007) 9 NWLR (Pt.1039) 380 (2007) 3 S.C (Pt II) 71 (2007) 3 S.C (Pt II) 71

I. F. OGBUAGU, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Benin Division, (hereinafter called "the court below"), delivered on 23rd ApriI, 2001, dismissing the appeal to it and affirming the judgment of the trial court delivered on 12th June, 1998 in favour of the plaintiffs/ respondents. The appellants have now appealed to this Court on three (3) grounds of appeal which without their particulars, read as follows:

"(i) The court below misdirected itself on the fact when it held that "this apparent contradiction cannot be used to discredit all the other features that define the boundaries of the disputed land. After all, there is still the long stone ground which forms the boundary between Ekpasa and Lampese. If Use Hill use the only crucial landmark .... Then the argument ... will stand ...

(ii) The court below erred in law when it declined to order a retrial when the trial court failed to evaluate vital evidence of traditio…

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