FALAJU V. AMOSU

• Pages: 456-469

FALAJU V. AMOSU

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456

of the Electoral Act and I do not see how the inclusion of the Federal Electoral

Commission and the Inspector General of Police as respondents could have en-

hanced the appellant's case as pleaded in the petition.

There had been concurrent findings of fact in the lower courts that the appel-

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lant did not prove the facts alleged and on principle this Court will not interfere

with the findings unless there are special circumstances to warrant the interference

- Enang & Ors. v. Adu,

(1981) 11-12 S.C. 25 at pp. 38-40. The appellant has not

shown that such circumstances exist in this case.

Accordingly, I see no reason to interfere with the decision of the Federal Court

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of Appeal. The appeal therefore fails and it is hereby dismissed with costs as pro-

posed in the judgment of my learned brother Sowemimo, J.S.C.

Appeal dismissed.

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FALAJU V. AMOSU

20 JOHN FALAJU



APPELLANTS

(For himself and other

members of ESINJA OLOLOKUN

family)

V

25 DANIEL AMOSU



RESPONDENT

SUIT NO. SC 50/1982

SUPREME COURT OF NIGERIA

SOWEMIMO,



J.S.C.

OBASEKI,



J.S.C.

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

ESO,



J.S.C.

ANIAGOLU,



J.S.C.

UWAIS,



J.S.C.

7th October, 1983

35 Land law - Yoruba Customary Law - Declaration of title - Injunction - Possession

- Sale

by

family nzenzber of family land with his uncompleted house thereon

without family's consent - Defendant's conveyance null and void notwithstanding

improvements on the land by allottee - Family's right to succeed against

defendant.

40

Equity - Standing-by - Purchaser well known as building contractor - Completion

of house by him not notice to family of his interest.

Practice and Procedure - Pleadings in land cases - Admissibility of family head's

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evidence of non-consent to sale, even though head's identity not specifically

pleaded - Witnesses - Insufficient per- se as ground for reversal of High

Court's findings.

ISSUES

50

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1. Whether a statement made in evidence by a defendant's witness, can be treated

as an admission by the plaintiffs, if such statement supports their case, and can

be relied upon by them.

2. What is the legal effect of a witness' presence in court and his being within

hearing while evidence is being given by other witnesses.