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CaseLaw

Olatunde V. Abidogun (2001) CLR 12(f) (SC)

Brief

  • Concurrent finding of fact
  • Evaluation of evidence
  • Kojo II vs. Bonsie

Facts

This is a further appeal to this Court from the judgement of the Court below. The Appellants' appeal to that court having been dismissed by the court below. In suit No.HOG/51/89, the Appellants who were Defendants in the trial Court were sued by the Respondents as Plaintiffs for the following reliefs:-

  • 1
    A declaration that the Jagun Alasa Family is the only family entitled under the native law and custom to the Jagun Alasa Chieftaincy of Ogbomoso.
  • 2
    2. A declaration that the 2nd Defendant and/or his family are not entitled under the native law and custom governing the Chieftaincy to the Jagun Alasa Chieftaincy title of Ogbomoso.
  • 3
    A declaration that the appointment of the 2nd Defendant by the 1st Defendant as the Jagun Alasa of Ogbomoso is invalid, null and void.
  • 4
    Injunction restraining the 1st Defendant from recognising the 2nd Defendant as Jagun Alasa of Ogbomoso and the 2nd Defendant from parading himself as the Jagun Alasa of Ogbomoso.
  • 5
    N2,000.00 General Damages."

Pleadings having been filed and exchanged, the parties called witnesses in support of their respective claims, The Respondents, who commenced the action, gave evidence and called four witnesses. The Appellants also gave evidence in their own behalf and called one witness who gave evidence in support of their case. However, at the end of the trial, and after hearing addresses by their learned counsels, the learned trial judge preferred the case of the Respondents. The claims of the Respondents were therefore upheld, save for the claim for the sum of N2,000.00 damages.

Being very dissatisfied with the judgement and orders of the trial court, the Appellants appealed to the Court below. Their appeal was dismissed by that Court, hence they have appealed to this Court pursuant thereto, they filed a notice of appeal which was amended with the leave of this Court. The Appellants also, when confronted with a preliminary objection with regard to several of the grounds of appeal in the amended notice of appeal, sought and were granted by this Court, leave to appeal upon grounds of mixed law and facts. It follows that this appeal proceeded quite properly on seven grounds of appeal including the additional ground of appeal for which leave was also granted by this Court.

Issues

  • 1
    Whether the Court of Appeal was right in holding that the origin or root of...

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