AYOOLA & ORS. V. OGUNJIMI

• Pages: 134-138

134

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

The judgement of the High Court of Lagos in Suit No. LD/79/60 dated the 11th

September 1961 is hereby set aside and a declaration is hereby made in fa-

vour of the plaintiff that she is the sole beneficiary of the whole of the settled

property in the Settlement (Exh. A) for her lifetime as the sole survivor of the

other children of Rufus Alexander Wright (deceased): and that after her death

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the property devolves on the person or persons who shall be next entitled under

and by virtue of the Statute of Distribution in accordance with the terms of the

said Settlement.

Costs in the Court below to stand. The respondent will be awarded half of her

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costs in this Court assessed at twenty-five guineas.

AYOOLA & ORS. V. OGUNJIMI

1.

SAMSON AYOOLA

2.

OBADO

3.

LAWRENCE JOLA

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APPELLANTS

4.

JOHN KEKERE

5.

ADEAGBO

V

DAVID OGUNJIMI (On

behalf of himself

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RESPONDENTS

and the Lujumo Family

of lfe)

SUIT NO. FSC 436/1962

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

BRETT,

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J.S.C.

BAIRAMIAN,

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J.S.C.

18th May, 1964.

Civil Actions - Appeals in civil cases - Point re plaintiff suing in representative

capacity, not taken in trial court - No ground of appeal on amount of damages

- Argument on appeal on either not allowed.

Customary Law - Native Law and Custom - Oni of Ife's power to grant land

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for farming in area of bush already granted to another.

Practice and Procedure - Declaration of title to land and injunction - Survey

plan number to be mentioned in judgment - Judgment to deal separately

with each paragraph of claim - Injunction without plan to tie it to -

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Inappropriate.

ISSUES :

1.

Will an appeal court allow arguments on a point that was not raised in the trial

court and on a point that was not included in the grounds of appeal.

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50

2.

What is the extent of the Oni of Ife's power to grant land under Native Law and

Custom.

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