OKAFOR V. ONIANWA & ANOR

• Pages: 268-270

268

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

The defendants obtained judgment in all the three suits and as they began to

take steps to recover the £150 damages awarded them the plaintiff sued for peace,

and the 3rd defendant intervened. He got the plaintiff to surrender the leases and

the defendants to agree to forego the recovery of the £150 judgment debt as well

as the rents the plaintiff had so far collected.

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In his judgment, the learned Judge accepted the evidence of the defendants

and rejected that of the plaintiff. He rejected the plaintiffs story that he was

promised £100 every year for life and that that was why he surrendered the leases

he held; rather, he accepted the evidence of the Ovie, the 3rd defendant, that there

was no agreement between the chiefs and the plaintiff to pay anything and that the

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plaintiff surrendered the leases on condition that he would not be asked to pay the

£150 judgment debt and refund the rents he had collected on the land.

The plaintiff's learned counsel in his appeal concedes that if the trial Judge was

right in finding that the defendants did not promise compensation of £100 per

annum for the surrender of the leases, the plaintiff has no claim. There is no ground

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of appeal against the finding of fact, and we can see no reason why that finding

should be disturbed.

What the plaintiff's Counsel is pleading is rather that, as the plaintiff expended

some labour and money for the land, he should have some compensation. We

see no ground for it in what was unmeritorious conduct on his part.

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In fact, we were not addressed on the grounds of appeal themselves, and what

was argued had no substance.

The learned Judge did not accept the plaintiff's evidence and there being no

appeal against the learned Judge's findings of fact, this appeal must fail.

The appeal is accordingly dismissed and the judgment of the High Court, Warri

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in Suit No. W/161/1957 given on the 18th December, 1961, is hereby affirmed.

Costs assessed at thirty-seven guineas will be paid to the respondents.

Onyeama, J.S.C.: I

concur.

Ajegbo, J.S.C.:

I concur.

Appeal dismissed.

OKAFOR V. ONIANWA & ANOR

H.C. OKAFCR

V

1.

UTOMI ONIANWA

2.

PHILIP 0. ONYEBASHI

SUPREME COURT OF NIGERIA

BAIRAMIAN,

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J.S.C.

ONYEAMA,



J.S.C.

AJEGBO,

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J.S.C.

9th November, 1964.

APPELLANT

RESPONDENTS

SUIT NO. FSC 469/1963

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Legislation - Interpretation Law (W.N), S.12(b) -

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Practice and Procedure - Certiorari - Native Court Suit - Invalid orders setting

aside Native Court judgment and transferring suit to High Court - High Court

(i) quashing orders, and (ii) striking off transferred suit - Statutes - Interpretation

- Repeal of statute - Thing done when statute in force.

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