OTUBU & ORS
V.
OGUOBADIA

(1984) JELR 46443 (SC)

Supreme Court · SC.9/1984 · 15 Oct 1984 · Nigeria

CORAM

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

Core Terms ^Beta

court of appeal

oba of benin

appellants

case

judgment

conveyance

defendant

grounds

trial court

additional ground of appeal

benin city

concurrent findings of fact

paragraphs

constitution of the federal republic of nigeria

deed of conveyance

learned trial judge

lower courts

statement of claim

appeal fails

approval of the oba of benin

areas of land

avoidance of the conveyance

claim of the appellant

completion of hearing

concurrent decisions

concurrent findings

constitutional provision

decision of the court of appeal

grant of land of building plot

grounds of appeal

high court

issue of facts

judgment of the court of appeal

k. plaintiffs

main contention of the plaintiffs

meticulous finding of facts

nisi prius

paragraph

plaintiff

plot allotment committee

recommendation of the allotment committee

refuse grant of any land

said grounds

sole issue

solid findings

statement of defence

transfer of land

trial judge

validity of the judgment of the high court

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…

OTUBU & ORS V. OGUOBADIA

OTUBU & ORS
V.
OGUOBADIA