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OTUBU & ORS
V.
OGUOBADIA

(1984) JELR 46443 (SC)

Supreme Court 15 Oct 1984 Nigeria
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Case Details

Suit Number:SC.9/1984
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:S. O. Omokaro holding brief for J. E. Ojeme For Appellant S. A. Asemota, Esq. (with him Mrs. B.O. Obietan) For Respondent

IRIKEFE, Ag. C.J.N. (Presiding): The sole issue on which this case depended was whether the areas of land put in issue by the parties had been properly conveyed in accordance with Bini customary law. This issue was resolved in favour of the respondent herein by two concurrent findings firstly of the trial court and thereafter by the Court of Appeal. On the occasion when this matter last came up, we had to strike out grounds 2, 3 and 5 of the grounds of appeal as leave either of the Court of Appeal or of this court had not been obtained to canvass the said grounds. The appellants were thus left with grounds 1, 4 and 6. Both parties herein filed briefs. Grounds 1, 4 and 6 aforesaid cannot in any way impugn the solid findings recorded against the appellants by the two lower courts.

This morning, the appellants were granted leave to argue an additional ground of appeal. This ground questions the validity of the judgment of the High Court on the ground that it was delivered 11 months afte…

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