OBADARA V. THE PRESIDENT, IBADAN WEST DISTRICT

• Pages: 248-254

248

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

of the parties to the action was entitled to the judgment of the court and also as liti-

gation over the land in dispute has not been finally set at rest.

After hearing counsel on all sides, it seems to us inconceivable that if the High

Court had properly entered a judgement of non- suit against the respondents of

Umuezearoli the court would not have awarded costs against them. They instituted

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the present proceedings in which they claimed a declaration of title, damages for

trespass and an injunction. To say the least the effect of the judgment of non-suit

is that they have failed to prove their case against the defendants who are the pres-

ent appellants. No reasons of any substance have been urged before us to disen-

title the appellants to their costs in the circumstances of the case and we take the

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view that they should have their costs in the court below.

Accordingly, we order that the respondents people of Umuezearoli should pay

to the appellants their costs in the court below assessed as follows:-

(i)

To the appelants of Isiokwe-165 guineas.

(ii)

To the appellants of lyiawu-105 guineas.

Appeal dismissed.

OBADARA V. THE PRESIDENT, IBADAN WEST

DISTRICT

25

GRADE B. CUSTOMARY COURT.

1.

OLALERE OBADARA

2.

SAMUEL ORIOWO

3.

ADEGOKE IYANDA

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4.

OGUNSHOLA MOSES

5.

LAWANI ONIKEDE

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APPELLANTS

V

THE PRESIDENT, IBADAN WESTERN

DISTRICT GRADE B CUSTOMARY COURT

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RESPONDENT

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35

SUIT NO. SC 497/1964

SUPREME

COURT OF NIGERIA

BR ETT,

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Ag. C.J.N.

BAIRAMIAN,

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J.S.C.

ONYEAMA,

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J.S.C.

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AJEGBO,

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J.S.C.

IDIGBE,

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J.S.C.

6th November, 1964

Legislation - Constitution of the Federation, 1963, s.117, subsections (2)(a) and (b)

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and 6(a) -

Civil Appeals - Proceedings in High Court to prohibit Customary Court from

trying a criminal case - Nature of High Court proceedings -

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