LOKOYI & ANOR V. OLOJO

• Pages: 386-392

LOKOYI & ANOR V.

OLOJO



386

LOKOYI & ANOR V. OLOJO

5

1.

DAVID DAWODU LOKOYI

2.

JAMES LADEGBAIYE

APPELLANTS

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V

EMMANUEL BABALOLA OLOJO

RESPONDENT

(For himself and other members

of Olojo family of Egbeide

quarters Ilesha)

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SUIT NO. SC 127/1982

SUPREME COURT OF NIGERIA

IDIGBE,



J.S.C.

OBASEKI,



J.S.C.

ESO,



J.S.C.

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ANIAGOLU,



J.S.C.

UWAIS,



J.S.C.

19th August, 1983

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

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of two lower courts - Principles on which to be disturbed; restated.

Land Law - Claim for declaration of title - Identity of land in dispute - Trial

court's findings as to accuracy of plaintiff's plan and certainty of disputed

land's boundaries amply supported by evidence and upheld by Federal Court

30



of Appeal - Absence of Special Circumstance warranting interference with

judgments of High Court and Federal Court of Appeal.

ISSUE:

1. Under what circumstances will the court interfere with the concurrent findings

35

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of fact by two lower courts as to the identity of a disputed parcel of land?

FACTS:

The plaintiffs instituted an action for a declaration of title to land and an injunc-

tion restraining the defendants from further entry upon the said land. Pleadings

were filed and exchanged, and at the hearing the trial Judge found in favour of the

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plaintiff. The defendants appealed to the Federal Court of appeal, which upheld

the finding of the trial judge in favour of the plaintiff, after reviewing all the evi-

dence.

The defendants further appealed to the Supreme court on grounds involving

questions of facts already established in the two lower courts.

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HELD

Where there are two concurrent findings of facts established by two lower

courts, the Supreme Court will not interfere with such findings of fact, unless spe-

cial circumstances are shown to justify such intervention. The appellant has not

shown any such special circumstance.

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CASES REFERRED TO IN JUDGMENT.

1.

Olujebu of ljebu v. Oso The Eleda of Eda

(1972) 5 S.C. 143, 151.

2.

Mogo Chinwedu v. Nwanegbo Mbamali

1980 3 S.C.

3.

Ukpe lbodo & Ors. v. Enarohie & Ors.

(1980) 5-7 S.C. 42, 55.