KALE V. COKER & ORS.

• Pages: 559-567

KALE V. COKER & ORS.

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559

ESO, J.S.C.:

I agree that this appeal be dismissed and it is hereby dismissed

with costs as contained in the order of my learned brother Irikefe, J.S.C. who has

given me a preview of his judgment.

As my learned brother has said, the grounds of appeal filed and argued by

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learned counsel for the appellants are grounds of fact and there being no leave

granted to the appellants either by this Court or the Federal Court of Appeal, this

Court has no jurisdiction in the matter and it should have been struck out.

On the merit of the case itself I agree. with my learned brother that the issue of

facts in this case had been exhaustively dealt with by the Federal Court of Appeal

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as the trial court failed to make use of the opportunities of hearing and seeing the

witnesses see

Woluchem v. Gudi

(1981; 5 S.C. 291.

The appeal is accordingly dismissed with order as aforesaid.

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KALE V. COKER & ORS.

20 GANIYU KALE

V

MADAM T. COKER & ORS

SUPREME COURT OF NIGERIA

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IRIKEFE,

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J.S.C.

BELLO,

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J.S.C.

IDIGBE,

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J.S.C.

OBASEKI,

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J.S.C.

ESO,

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J.S.C.

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10th December, 1982

APPELLANT

RESPONDENTS

SUIT NO. SC 33/1982

Registration of Land Instruments - Agreement for lease of land in Lagos State -

Admissibility in evidence as instrument affecting land even though unregistered

- Appeals to Supreme Court - Appeal on facts - Concurrent findings of two

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lower courts that plaintiffs agreement for lease duly signed by authorised

representatives of lessor families - Appellants failure to show special circumstances

warranting interference by Supreme Court.

ISSUES:

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1. Whether a document which is not registered under the Lands Instruments

Registration Law Cap 64 Laws of the Federation can be pleaded and admitted

in evidence in proceedings.

2. When will the appellate court interfere with concurrent findings of facts by the

lower courts?

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FACTS:

The plaintiff/respondent instituted the action for damages for trespass and in-

junction to restrain further acts of trespass. At the conclusion of the hearing the

trial judge held in favour of the plaintilf. The defendant appealed against the de-

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cision to the Federal Court of Appeal who upheld the trial court's decision. The

appellant further appealed to the Supreme Court, contending inter alia that the trial

court erred in admitting in evidence an unregistered judgment for a lease contrary

to section 15 of the Lands instrument Registration Law of Lagos State. The sec-

ond ground of appeal attacked the finding of fact by the two lower courts.