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CaseLaw

Osagie V. Oyeyinka (1987) CLR 6(b) (SC)

Judgement delivered on June 12th 1987

Brief

  • Lis pendis
  • Ground of appeal
  • Judgements Act
  • Land Charges Act
  • Specific performance

Facts

In the Court of first instance the Plaintiff who is now the Appellant sued the Defendants/Respondents claiming in his Amended Writ of Summons:

  • i
    Declaration of Statutory Right of Occupancy of the premises situate at and known as No. 123 Cemetery Road Benin City.
  • ii
    (An Order setting aside the Conveyance (of part of the said premises) reg-istered as instrument No. 14 at page 14 in Volume 379 of Land Registry in the office at Benin from the 2nd Defendant Alhaji S.O. Oyeyinka.
  • iii
    (iii) N5, 000 damages for trespass.
  • iv
    Perpetual injunction restraining the Defendants, their agents and anyone claiming through them from further trespassing on the said premises."

Pleading and plans were ordered filed and duly delivered. An Amended State-ment of Claim was filed by the Plaintiff. The 1st Defendant also filed an Amended Statement of Defence while the 2nd Defendant filed his own Original Statement of Defence. The case was fought on these new Statements of Claim and Defence.

After due hearing the trial Court dismissed all the Claims against the 1st De-fendant. With regard to the 2nd Defendant the trial Court held:

  • "I must confess that I do not know the precise relief sought against the 2nd De¬fendant..."

It must therefore be noted in passing that the learned trial Judge could not meaningfully make any particular order against the 2nd Defendant as 2nd Defend¬ant since "he did not know the precise relief sought against him."

The Plaintiff lost in the trial Court. Dissatisfied and aggrieved he then appealed to the Court of Appeal Benin Division. That Court again dismissed the Plaintiff's appeal with "cost assessed at N350.00 to the Respondent". Further dissatisfied, the Plaintiff has finally appealed to the Supreme Court.

Issues

Must an appellate court examine the merit of every ground of ...

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