CaseLaw
Okino V. Obanebira (1999) CLR 12(g) (SC)
Brief
Facts
The plaintiffs' case, briefly, is that they are the owners of the five pieces or parcels of farm land in dispute known as and called Usoko, Igege, Uhomiri, Ogane and Uwowiri. They claimed that they were therefore entitled to all compensation payable by the 2nd defendant in respect of parts of the farm lands in dispute affected by the Ajaokuta – Itakpe rail line. They prayed for the order of court in terms of their claims.
The 1st defendant, for his own part, claimed that the farmlands in dispute were owned and remained in the absolute possession of his Ezionogu Clan. The 2nd defendant who maintained a neutral posture throughout the proceedings, waiting to pay compensation to the winning party, proffered no evidence at the trial.
At the close of evidence at the trial, the trial court with parties, their witnesses and learned counsel visited the locus in quo and made copious notes of this inspection.
At the conclusion of hearing, the trial court after a careful and meticulous review of the entire evidence placed before it found for the 1st defendant and dismissed the plaintiffs' claims.
At the conclusion of evidence, the trial court in company of the parties, witnesses and counsel to the parties visited the locus in quo and made copious notes of the inspection.
The trial court dismissed the claim of the respondents. The respondents appeal against the judgment of the appellate High Court was allowed.
Dissatisfied with the decision of the appellate High Court, the appellate appealed to the Court of Appeal, which allowed the appeal and order a retrial.
Dissatisfied with the Court of Appeal order of retrial, the appellant appealed to the Supreme Court.