OGIDI V. ALABI & ANOR.

• Pages: 765-767

OGIDI V. ALABI & ANOR

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765

OGIDI V. ALABI & ANOR

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POPOOLA OGIDI

V

10 OGUNKANMI ALABI AND ANOR.

APPELLANT

RESPONDENTS

SUIT NO. SC 73/1985

SUPREME COURT OF NIGERIA

OBASEKI,

NNAMANI,

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KAZEEM,

KAWU,

OPUTA,

28th May, 1986

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

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Appeals (Civil) - Supreme Court - Findings of fact - Claim for declaration of

title - Concurrent findings of courts below that land in dispute granted to

plaintiffs ancestor and that acts of ownership and possession established by

plaintiffs - Absence of substantial error of law or procedure occasioning

miscarriage of justice.

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ISSUE:

1.

Whether concurrent findings of fact may be set aside, when there is no

miscarriage of justice.

FACTS:

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The plaintiff brought a claim for a declaration of title to land, damages for tres-

pass and an injunction. The plaintiff contended that one Onpetu Atoyebi I, an early

settler to Ogbomosho, granted a portion of land (of which the land in dispute forms

part) to Ogburo Onda, an ancestor of his.

The trial Court accepted the plaintiff's root of title. The evidence adduced by

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the defendant wherein he stated that the land was subsequently granted to Adenu-

bi, his ancestor by Atoyebi I was disbelieved.

The Court of Appeal affirmed the judgment of the trial Court.

On appeal to the Supreme Court.

HELD:

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Where there are concurrent findings of fact by the lower court, unless it can be

proved that a serious error of procedural or substantive law has resulted in a mis-

carriage of justice, an appellate court will not interfere.

CASES REFERRED TO IN JUDGMENT:

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1.

Enang v. Adu

(1981) 1

1

/

1

2 S.C. 25 at p.42.

2.

Lokoyi v. Oloja

(1983) 8 S.0 61 at p.68-69.

3.

Ojomu

v.

Ajao

(1983) 9 S.C. 22 at p.56.

Kolawole Alawode, Esq.

for Appellant.

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Abiola Orioye, Esq.

for Respondent.

OBASEKI, J.S.C.

(Presiding): This is an appeal against the decision of the Court

of Appeal affirming the decision of the High Court, Oyo, in a claim for declaration

of title, damages for trespass and injunction. The appeal is an appeal on questions