AWERE & ORS. V. ATITEBI & ORS.

• Pages: 150-152

150

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NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

I would allow the appeal and set aside the decision dismissing the action; the

appellant should have his costs of appeal, which are assessed at thirty guineas;

and he should also have his costs in the court below in regard to the proceedings

relating to that decision, which should be taxed or assessed there.

Ademola, C.J.F.

I concur.

Brett, F.J.

I concur.

Appeal allowed: Order dismissing

Acting set aside.

AWERE & ORS. V. ATITEBI & ORS.

5

10

15

1.

KADIRI AWERE

2.

M.B. OGUNDAIRO

3.

RAJI AKINOLA

For themselves and other

members of the OJO-ONIYUN

Family

V

1.

JOSIAH ESULANA ATITEBI

2.

FRANCIS ADEYEMI ATITEBI

3.

I.O. OLUGBUSI

AND

1.

JOSIAH ESULANA ATITEBI

2.

FRANCIS ADEYEMI ATITEBI

3.

I.O.OLUGBUSI

V

1.

KADIRI AWERE

2.

M.B. OGUNDAIRO

3.

RAJI AKINOLA,

For themselves and other

members of Ojo-Cniyun

Family.

FEDERAL SUPREME COURT

BRETT,

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F.J.

UNSWORTH,



F.J.

TAYLOR,



F.J.

16th April, 1962.

20

PLAINTIFFS/APPELLANTS

DEFENDANTS/RESPONDENTS

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25

DEFENDANTS/APPELLANTS

30

35

PLAINTIFFS/RESPONDENTS

SUIT NO. FSC 116/1961

40

45

Land law - Declaration of title to land - Damages for trespass possession

Cross appeals - One for dismissal of Plaintiff's Claim, the other for trial judge's

refusal to give costs - Appeal.

ISSUES:

1.

Whether in a land matter the dismissal of a claim for declaration of title

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50

necessarily means the dismissal of all other claims.

2.

Whether the absence of Counsel on judgment day can be a ground for depriving

a successful party of his costs.