LIQUIDATOR V. ADEYEFA

• Pages: 9-12

LIQUIDATOR V. ADEYEFA

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The inspection of the land by the delegates of the relevant plot allotment

committee is an indispensable step towards the grant of land under Bini

Customary Law within Benin City where the land is carved out into wards."

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We are satisfied that on the evidence and on the findings by the learned trial

Judge it was not proved that their was any grant of land made to the respondent

by the Oba of Benin in accordance with Bini Customary Law. The fact that the

land was never inspected by the ward allotment committee was a serious omission

on the part of the committee. It may be that if the committee had inspected the

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land, the present dispute might have been averted.

This appeal is allowed. The declaration of title, an award of £25 damages for

trespass and the injunction granted to the respondent in respect of the land in dis-

pute are set aside. Her claim is dismissed, and this shall be the order of the Court.

The appellant's costs in this Court are assessed and fixed at 90 guineas and in the

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Court below at 70 guineas.

Appeal allowed: Judgment of

High Court set aside:

plaintiff/respondent's claim

dismissed.

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LIQUIDATOR V. ADEYEFA

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THE LIQUIDATOR OF EFUFU C.P.M.S. LTD.

(J.F. OGUNKOYA)

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APPELLANT

V

30 EMMANUEL ADEYEFA

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RESPONDENT

SUIT NO. SC 16/1968

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

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MADARIKAN,

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J.S.C.

30th January, 1970.

Practice and Procedure - Evidence - Judge striking out applicant's motion before

completion of evidence in chief - Whether proper.

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ISSUE:

1. Whether it is proper for a Judge to strike out an applicant's motion before he

completes his evidence in chief.

FACTS:

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The Appellant filed a motion n the High Court seeking an order to enforce an

arbitration award made against the Respondent. The Appellant filed affidavits in

support of his motion and the Respondent filed a counter affidavit.

During the proceedings, the trial Judge struck out the motion while in the middle

of receiving the evidence of the 1st witness for the Appellant. The Appellant ap-

50 pealed.

HELD:

1.

Civil cases are proved by weight of evidence and it is not a duty of a court

unless in accordance with any rules of court to the effect to preclude a party

claiming reliefs from discharging that duty.