(2003) JELR 44843 (SC)    

Supreme Court  ·  SC.104/1998 ·  12 Dec 2003 ·  Nigeria
Other Citations
Owoyemi v. Adekoya (2003) 18 NWLR (Pt. 852)307
Owoyemi v. Adekoya (2003) 18 NWLR (Pt. 852) 307
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
miscarriage of justice
3rd defendant
court of appeal
learned trial judge
2nd defendants
awujale of ijebu land
8th day of his birth
judgment of the trial court
son of an odi
leading judgment
local government
lower court
trial judge
concurrent findings
dagburewe of idowa chieftaincy
decision of the trial court
findings of fact
life of oba olaneye
male children
10th day of may
1st day of september
24th day of may
case of the appellant
common ground
decision of the governor
directive of the office of the governor
final address of counsel
judgment of the court of appeal
judgment set side
laws of ogun state section
line of evidence
months of that report
odi line
odis take part
passage of the learned trial judge
plaintiffs case
preliminary facts
present 1st respondent
provisions of this law
respect of the 3rd defendant
said otunba a.l.a. owoyemi
said reliefs
said selection
selection of the dagburewe of idowa
such duty

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Ibadan Division given on 20th April, 1998. The writ of summons which commenced this action was taken out on 20th June, 1986. It was amended and filed on 24th March, 1987. The statement of claim was also amended. The statement of defence filed by the 1st and 2nd defendants was also amended while the one filed by the 3rd defendant was amended to include a counterclaim. There were separate replies to the two statements of defence. The one in respect of the 3rd defendant had subjoined to it a statement of defence to the counterclaim to which the 3rd defendant filed a reply. I have stated the above to show that copious steps were taken by the parties to join issues on all matters they considered relevant.

It is necessary to make it clear that the present 1st respondent was the plaintiff; the 2nd and 3rd respondents were the 1st and 2nd defendants; while the appellant was the 3r…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login