OWUDA
V.
LAWAL

(1984) JELR 46458 (SC)    

Supreme Court  ·  SC.79/1983 ·  30 Apr 1984 ·  Nigeria
CORAM
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
court
plaintiff
fact
land
law
court of appeal
grounds of appeal
concurrent findings of fact
constitution
ground
high court
section
trial court
upper area court
claim
clans
counsel
decision of the court of appeal
defendant
evidence
lands
merit
substance
action
additional evidence
application of the doctrine of res judicata
area
area court
area court grade
concurrent findings of facts
doctrine of laches
eso
foregoing reasons
irikefe j.s.c.
issues of fact
judgment of the upper area court
land matter
leading judgment
main grounds of appeal
matter
matter deal
questions
questions of fact
reasons
situation
such findings
such grounds
title

IRIKEFE, J.S.C. (Delivering the Leading Judgment): All the grounds of appeal in this matter deal with issues of fact, for which leave to appeal ought to have been obtained. There is no evidence that leave either of the Court of Appeal or this court was in fact obtained. There is also the fact that there are three concurrent findings of fact against this appellant and in such a situation, this court would be loath to disturb such findings on all available authorities. I am even amazed by the fact that appellant's counsel should have considered it appropriate, as he did, to prosecute this appeal, when as he argued in his brief, to use his own words - "the land being litigated upon cannot be said to enjoy definitive certainty as required by law." If an appellant who is the plaintiff in an action for title to land admits that the land the subject of the action cannot be ascertained with certainty, then a court trying the case would be justified in dismissing same.

There is clearly no meri…

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