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CaseLaw

Osni V. Bajulu (2009) CLR 12(b) (SC)

Judgement delivered on December 17th 2009

Brief

  • Fresh issue on appeal
  • Issue not distilled from any ground of appeal
  • Issue not before a court
  • Uncontradicted evidence
  • Admission against interest
  • Long possession
  • Concurrent finding of Fact

Facts

In the Lagos State High Court, the Plaintiff, who is substituted by the Appellants who are the Respondents in this appeal, instituted an action against the Appellant. The Plaintiff in the suit claimed possession of the two rooms and a parlour (a chieftaincy family property) at No.1A Bajulu Street, Isale-Eko, Lagos occupied by the Defendant as tenant at will. The Defendant denied the claim of the Plaintiff, but asserted that the property beneficially belonged to his great-grand father, Aina Adaba. The parties testified, and one of them called witnesses, after which their counsel addressed the Court. The learned trial Judge alter appraising the evidence before him and the addresses of Learned Counsel found in favour of the Plaintiff as follows:

  • "I hold that the Plaintiff succeeds and that he is entitled to the said premises. I hereby order that the Defendant shall vacate and give up possession of No.1, Bajulu Street to the Plaintiff on or before the 16th day of October, 1992."

Dissatisfied with the judgment, the Defendant appealed to the Court of Appeal on six grounds of appeal. The Court of Appeal found no merit in the appeal, so it dismissed it. Again, the Defendant was not satisfied with the outcome of the appeal before the Court of Appeal, so he has again appealed to this Court.

Issues

  • 1
    Whether the Court below was right in affirming the judgment of the trial...

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