(1984) JELR 46443 (SC)    

Supreme Court  ·  SC.9/1984 ·  15 Oct 1984 ·  Nigeria
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
trial court
additional ground of appeal
benin city
concurrent findings of fact
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
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…

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